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Full text of "The Public Health (London) Act, 1891 : with an introduction, notes, and an index"

THE 

EALTH (LONDON 
ACT, 180 



. . INTROD 



NOT ; 






Ex Libris 
C. K. OGDEN 



THE 

PUBLIC HEALTH (LONDON) 
ACT, 1891 

WITH 

AN INTRODUCTION 
NOTES, AND AN INDEX 



BY 

W. A. HOLDSWORTH, ESQ. 



LONDON 

GEORGE ROUTLEDGE AND SONS, LIMITED 
BROADWAY, LUDGATE HILL 

CLASGOW, MANCHESTER, AND NEW YORK 
l8 9 I 



LONDON : 

PRINTED BY WOODFALI. AliD KU 
76 LONG AC'KE, W C. 



PREFACE. 



THE Public Health (London) Act, 1891, is essen- 
tially a measure of codification and consolidation. At 
present the law relating to Public Health and Sanitary 
administration in London is scattered through a large 
number of statutes, which are not accessible to persons 
outside the legal profession, and are not easy o 'con- 
struction even to those within its ranks. Sixteen 
years ago it might be said that London was at least no 
worse off than the rest of the country. In 1875, 
however, order was introduced into the legal chaos, 
so far as the country generally was concerned, by 
the Public Health Act of that year; but the Metropolis 
was excluded from the operation of that great sanitary 
code very much in the same way in which it was left 
out in the cold when the Municipal Corporations 
Act of 1835 was passed. The primary object of the 
present measure is to remove this injustice or dis- 
ability, and place London on the same footing as the 
rest of the kingdom. But it does more than consoli- 
date and codify ; it simplifies and strengthens the law ; 
and contains many provisions of an entirely novel 
character. It will thus materially assist the vestries 
and district boards who still retain the initiative in, 
and bear the chief burden of, sanitary administration 
in discharging their duties in an effectual manner. 
And, while arming these bodies with many new powers, 
it will subject them to the controlling and stimulating 
influence of the County Council. That influence can- 
not be otherwise than beneficial ; but we anticipate even 

B -2 

2015260 



more advantage, from the fact that the ratepayers of 
the Metropolis will, for the first time, have the* means 
of acquiring a competent acquaintance with their own 
rights and duties. Knowing what their local govern- 
ing bodies can do, and ought to do, they will be able 
if they are willing to see that it is done. It is the 
object of the present work to assist in the attainment 
of these eminently desirable ends. We have endea- 
voured to facilitate the perusal of the Act by giving, 
in the form of Introduction, an ample summary of its 
most important and interesting provisions. To the 
full text of the statute, which follows, we have ap- 
pended notes. In these we have not entered largely 
into legal discussions that would be inconsistent with 
the character of the book but we have endeavoured 
to supply, within the limits which our space allows, 
such practical comments and such references to other 
statutes as may be useful or necessary. We have 
also, by careful cross-references between sections which 
need to be read together or are dependent upon or 
auxiliary to each other, done our best to enable any 
one to gather readily all the information he may re- 
quire on any particular point. We have appended an 
index, which we trust may be found sufficiently full. 

TEMPO;, 

November, 1891. 



CONTENTS. 



INTRODUCTION . - . .... . .11 

THE ACT . 35 



SECTION 

1. Sanitary Authority to inspect district for detection of 

nuisances . . . ' . . . . .35 

Nuisances (General). 

2. What nuisances may be abated summarily . 

3. Information of nuisances to Sanitary Authority 

4. Notice requiring abatement of nuisance 

5. On ncta-complia'nce with notice, order to be made 



6. Provision as to appeal against order 



40 
42 

7. Provision in case of two convictions for overcrowding 44 
In certain cases order may be addressed to Sanitary 

Authority 44 

Power to sell manure, &c 44 

Power of entry . . 45 

Costs of execution of provisions relating to nuisances 45 

Power of individual to complain to Justice of nuisance 46 

Proceedings in High Court for abatement of nuisances 47 
Power to proceed where cause of nuisance arises 

without district 48 

Penalty for injuring closet, &c. so as to cause a 

nuisance 48 

Penalties in respect of particular Nuisances. 
Bye-laws by Sanitary Authority and County Council 

as to cleansing streets and prevention of nuisances 49 
Penalty for keeping swine in unfit place ... 51 
Power to prohibit keeping of animals in unfit place . 52 

Offensive Trades. 

Prohibition and regulation of establishing anew cer- 
tain offensive businesses, and bye-laws as to offen- 
sive businesses . , , , , 52 



6 CONTENTS. 

SECTION 1-ACK 

20. Licensing of cow-houses and slaughter-houses . . 55 

21. Duty of Sanitary Authority to complain to Justics of 

nuisance arising from offensive trade ... 56 

22. Provisions as to nuisance created by Sanitary Autho- 

rity in dealing with refuse 58 

Smoke Consumption. 

23. Furnaces and steam vessels to consume their own 

smoke 59 

24. Summary proceedings for abatement 'of nuisance 

caused by smoke 61 

Workshops and Bakehouses. 

25. Limewashing and washing of workshops ... 62 

26. Enactments respecting bakehouses .... 64 

27. Notice to Factory Inspector respecting child or 

woman in workshop ...... 66 

Dairies. 
28 Orders and regulations for dairies , , , . 66 

Removal of Refuse. 

29. Duty of Sanitary Authority to clean streets . . 

30. Removal of house refuse . . . 

31. S,anitary Authority to appoint scavengers 

32. Disposal of refuse 

33. Owners, &c. to pay for removal of refuse of trades 

34. Provision on neglect of scavengers to remove dust 

35. Removal of filth on requisition of Sanitary' Inspector 

36. Removal of refuse from stables, cow-houses, &c. 

Regulations as to Water-closets, c. 

37. Obligation to provide wator-clo'sets, '&c. 

38. Sanitary conveniences for manufactories, &c. . 

39. Bye-laws as to water-closets, &c. .... 

40. Power for Sanitary Authority to authorize examina- 

tion of water-closets, &c. ..... 

41. Penalty on persons improperly making or altering 

water-closets, &c. ....... 

42. Improper construction or repair of water-closet or 

drain 

43. Sanitary Authority to cause offensive ditches, drains, 

&c. to be cleansed or covered .... 

44. Power to Sanitary Authority to provide public cou- 

veniences '...'. . . . . 



CONTENTS. 7 

SUCTION PA<;E 

45. Regulations as to sanitary conveniences ... 86 

46. Sanitary conveniences used in common , , .87 

"Unsound Food. 

47. Inspection and destruction of unsound meat, &c. . 88 

Provisions as to Water. 

48. Provisions as to house without proper water supply . 91 



;e without proper water supply . 
Authority of water supply being 



49. Notice to Sanitary 

cut off . . . . " . . 7 ."--. .92 

50. Cleansing of cisterns 93 

51. Power of Sanitary Authority as to public fountains . 93 

52. Penalty for causing water to be corrupted by gas 

washings 95 

53. Penalty for fouling water 96 

54. Power to close polluted wells, &c 96 

Infectious Diseases. Notification. 

55. Notification of infectious disease .... 97 

56. Power of Sanitary Authority to add to number of 

infectious diseases of which notification is required 101 

57. Non-disqualification of Medical Officer by receipt of 

fees 103 

Infectious Diseases. Prevention. 

58. Application of special provisions to certain infectious 

diseases 103 

59. Provision of means for disinfecting of bedding, &c. * 104 

60. Cleansing and disinfecting of premises, &c. , . 104 

61. Disinfection of bedding, &c 106 

62. Infectious rubbish thrown into a'sh-pits, &c. to be 

disinfected 107 

63. Penalty on letting houses in which infected persons 

have been lodging 107 

64. Penalty on persons letting houses making false state- 

ments as to infectious disease .... 108 

65. Penalty on ceasing to occupy house without disinfec- 

tion or notice to owner, or making false answer . 108 
6G. Removal to hospital of infected persons without 

lodging 109 

67. Detention of infected person without proper lodging 

in hospital 110 

68. Penalty on exposure of infected persons and things . 110 
G9. Prohibition on infected person carrying on business . Ill 
70. Prohibition on conveyance of infected person in 

public conveyance ' i i t f 111 



8 CONTENTS. 

SECTION PAGE 

71. Inspection of dairies, and power to prohibit supply of 

milk 112 

72. Prohibition of retention of dead body in certain cases 115 

73. Body of person dying of infectious disease in hospital, 

&c. to be removed only for burial . . . .115 

74. Disinfection of public conveyances if used for carry- 

ing corpses 116 

Hospitals and Ambulances. 

75. Pcrwer of Sanitary Authority to provide hospitals . 116 

76. Recovery of cost of maintenance of non-infectious 

patient in hospital 117 

77. Power to provide temporary supply of medicine . 117 

78. Provision of conveyance for infected persons . . 117 

79. Power for Metropolitan Asylum Board to provide 

landing-places, vessels, ambulances, &c. . .118 

80. Reception of non-pauper fever and small-pox patients 

into hospital in Metropolitan district . . . 118 

81. Reception into hospital in Metropolitan district of 

child from school outside London . . .119 

Prevention of Epidemic Diseases. 

82. Sanitary Authority to execute epidemic regulations . 120 

83. Poor Law Medical Officers entitled to cogts of attend- 

ance on board vessels 120 

84. Local Government Board may combine Sanitary 

Authorities ' 121 

85. Metropolitan Asylum Managers a Sanitary Authority 

for prevention of epidemic diseases . . . 121 

86. Power to let hospitals, &c. 122 

87. Repayment to Sanitary Authorities of certain 

expenses 122 

Mortuaries, &c. 

88. Power of Local Authority to provide mortuaries . 123 

89. Power of Justice irt certain cases to order removal 

of dead body to mortuary 123 

90. Power of Sanitary Authority to provide places for 

post-mortem examinations 124 

91. Power to Sanitary Authorities to unite for providing 

mortuary 125 

92. Place for holding inquest^ 125 

93. Mortuary for unidentified bodies .... 125 

Bye-laws as to Houses let in Lodgings. 

94. Power of Sanitary Authority to make bye-laws as to 

lodging-houses 127 



CONTENTS. y 

Tents and Vans. 

SECTION . PAGE 

95. Tents and vans used for human habitation . . 128 

Underground Rooms. 

96. Provision as to the occupation of underground 

rooms as dwellings 130 

97. Enforcement of provisions as to underground rooms 133 

98. Provision in case of two convictions for unlawfully 

occupying underground room .... 134 

Authorities for Execution of Act. 

99. Definition of Sanitary Authority .... 134 

100. Power of County Council to prosecute on default of 

Sanitary Authority ' . ' 136 

101. Proceedings on complaint to Local Government 

Board of default of Sanitary Authority . . 137 

Application of Public Health Acts to Woolwich . 138 

Expenses of execution of Act 139 

Expenses of Metropolitan Asylum Board . . . 140 
Power of Vestries and District Boards to borrow . 140 
Appointment of Medical Officers of Health . . 141 
Appointment of Sanitary Inspectors . . . 142 
Provisions as to Medical Officers and Sanitary In- 
spectors . .' 143 

109. Temporary arrangement for duties of Medical Officer 

or Sanitary Inspector 146 

110. Jurisdiction as to ships ...... 146 

Port Sanitary Authority of Port of London. 

111. Port Sanitary Authority of Port of London . . 146 

112. Powers of Port Sanitary Authority of Port of London 147 

Application of Public Health Acts as to Cholera, c. 

113. Powers of Local Government Board as to epidemic 

diseases ......... 148 

Bye-laws. 

114. Bye-laws 148 

Legal Proceedings. 

General provisions as to powers of entry . . . 149 

Penalty on obstructing execution of Act . . . 151 

Summary proceedings for offences, expenses, &c. . 152 

Evidence by defendant 153 

Application of fines and disposal of things forfeited 153 

Proceedings in certain cases against nuisances . 153 
Recovery of expenses by Sanitary Authority from 

owner or occupier . . . . . . 155 



10 CONTENTS. 

SECTION I'.UlE 

122. Justice to act through member of Sanitary Autho- 

rity or liable to contribute ..... 156 

123. Appearance of Sanitary Authority in legal proceedings 156 

124. Protection of Sanitary Authority and their Officers 

from personal liability 157 

Appeal. 

125. Appeal to Quarter Sessions 158 

126. Provision as to appeals to County Council . . 158 

Notices. 

127. Authentication of notices, &c 159 

128. Service of notices .... .159 



Miscellaneous Provisions. 

129. Inquiries by Local Government Board . . . ICO 

130. Forms 160 

131. Provision for apportionment of certain expenses 

between hamlet of Penge and remainder of 
Lewisham district 160 

132. Extent of Act 161 

City of London* 

133. Application of Act to City 161 

134. Power of City Police to proceed in certain cases 

against nuisances 161 

135. Proceedings on complaint to Local Government 

Board of default of Commissioners of Sewers . 162 

Saving Clauses. 

136. Saving for water rights 164 

137. Saving for Thames Conservators .... 165 

138. Powers of Act to be cumulative . . . .165 

Temporary Prov is ions. 

139. Existing officers 165 

140. Term of office of existing members of 'SYoolwich Board 166 

Interpretation. 

141. Interpretation of terms , 167 

Repeal. 

142. Repeal of enactments in Schedule .... 170 

143. Commencement of Act 172 

144. Short title 172 

SCHEDULES 173 

INDEX ....... 187 



THE 



PUBLIC HEALTH (LONDON) ACT, 
1891. 



INTEODTJCTION. 

ENGLAND and Wales, outside the Metropolis, have 
since 1875 enjoyed the benefit of a sanitary code. The 
Public Health Act passed in that year consolidated 
and re-enacted with amendments a large number of 
statutes dealing with sanitation and lo<jal self-govern- 
ment so far as they affected the country at large. But 
the Metropolis was excepted from the operations of the 
Act ; and the consequence is that down to the present 
time the sanitary enactments relating thereto have had 
to be collected from a number of detached Acts whose 
provisions were not always easily reconcilable, while it 
was always a troublesome and laborious operation 
to ascertain, by hunting through several statutes, 
what was the law on any particular point. Moreover, 
many of the Acts in force in London were not, so to 
speak, " up to date." That is, they did not meet the 
demands, the needs, or the ideas of the present 
day, which are far in advance of those which prevailed 
at the time they were passed. The present Act does 



12 INTRODUCTION. 

for the Metropolis nearly, though not quite, all that 
was done for the rest of the country by the sanitary, 
as distinguished from the Local Government, provisions 
of the Public Health Act, 1875. That is to say, it not 
only consolidates such portions of former Acts* as 
still remain operative, but it amends them ; and incor- 
porates with or adds to them provisions either entirely 
novel, or which, although in force elsewhere under the 
Public Health Act 1875, are novel to the Metropolis. 
Moreover, it not merely confers additional powers upon 
the existing sanitary authorities, but it invests the London 
County Council with a sanitary jurisdiction and powers 
that may be limited, but are by no means inconsider- 
able, while they are obviously capable of much further 
development. In some cases these powers were pre- 
viously possessed by the County Council through 
transfer, from the Metropolitan Board of Works and 
the justices, under the Local Government Act, 1888. 
But in other cases they are either largely extended or 
entirely new. The consolidation of previous sanitary 
legislation is not, however, quite so complete in the 
present Act as it was in the Public Health Act, 1875. 
In regard to common lodging houses the law, so far as 
it affects London, must still be gathered from previous 
statutes, although in regard to the rest of the kingdom 
it is consolidated in the Public Health Act, 1875. The 
reason obviously is that in the Metropolis the execution 
of the common lodging house Acts is committed to 
the Commissioners of Police, instead of to the local 
sanitary authority as in the rest of the kingdom. The 
provisions of these Acts would therefore be out of 
place in a code of sanitary law to be administered by 
elected local authorities. Still, although the omission 
may be thus accounted for, it detracts to some extent 
from the completeness of the new Act as a sanitary 
code for London. In spite, however, of this " blot," 
which is probably inevitable under the existing condi- 

* The present Act repeals and consolidates the whole, or 
parts, of no fewer than thirty-five previous Acts. 



INTRODUCTION. 13 

tions of local government in the Metropolis, the Public 
Health (London) Act, 1891, is a measure of the 
highest value both as a consolidating and an amend- 
ing statute both as it renders the law more easily 
accessible, and as it confers new powers or imposes 
new duties upon the local authorities and affords new 
protection to the public against acts or defaults in- 
jurious to health. 

We shall now proceed to give such an outline or 
summary of the Act as may suffice to place the reader 
in possession of its general scope and most important 
provisions, postponing more detailed explanation, where 
this seems requisite, to our notes on the several sections 
of the Act ; the full text of which follows this introduc- 
tion. We shall also in the present summary content 
ourselves with describing the present Act without 
discriminating between those provisions which are new 
or amended and those which are simply reproductions 
of previous Acts. It only remains to add that we 
shall not, in our introduction, follow the order of the 
Act ; for it seems to us most convenient to commence 
by stating the district to which it applies and the 
authorities by which it is to be enforced. Its pro- 
visions will be more readily understood if we start 
with clear notions upon these points. 

The Act, then, applies exclusively to "London," which, 
according to the interpretation clause, means " the 
administrative county of London," or in other words, 
the area for which the London County Council is 
elected in pursuance of the Local Government Act, 
1888. But we shall presently see that it does not 
apply in exactly the same sense or in exactly the same 
degree to the whole of the Metropolis. The City of 
London still retains no small part of its ancient inde- 
pendence ; so far at any rate as relates to the jurisdic 
tion which the County Council will exercise, outside its 
boundai'ies. 

The sanitary authorities within the metropolitan 
district to which the execution of the Act is committed 



14 INTRODUCTION. 

are defined and prescribed by clause 99, and are as 
follows : 

(.) In the City of London the Commissioners of 
Sewers ; and 

(6.) In each of the parishes mentioned in Schedule 
(A.)* to the Metropolis Management Act, 
1855, as amended by the Metropolis Manage- 
ment Amendment Act, ] 885, and the Metro- 
polis Management (Battersea and Westmin- 
ster) Act, 1887, other than Woolwich, the 
vestry of the parish ; and 

(c.) In each of the districts mentioned in Schedule 
(B.) to the same Act, as so amended, the dis- 
trict board for the district ; and 

(d.) In the parish of Woolwich, the Local Board 
of Health; and 

(?.) In any place mentioned in Schedule (0.) to 
the Metropolis Management Act, 1855, the 
board of guardians for such place or for any 
parish or poor law union of which it forms 
part, or if there is no such board of guardians 
the overseers of the poor for such place or 
for the parish in which it is situate. 

But although sanitary jurisdiction within the above 
districts is conferred in the first instance \ipon the 
local authorities we have mentioned, these authorities 
are to a certain extent subject to the control of the 
County Council, who, moreover, possess some original 
powers. By sec. 100, if it be proved to the satisfaction 
of the County Council that any sanitary authority has 
failed to do its duty, (1 ) with respect to the removal 
of any nuisance, (2) the institution of any proceeding, 
or (3) the enforcement of any bye-law, the County 
Council may institute any proceedings or do any act 

* For the parishes or districts included in the several schedules 
of the Metropolis Management Act see our notes on this section, 
post. 



INTRODUCTION. 1 5 

which the sanitary authority might have instituted 
or done, and may recover the expenses of such 
a proceeding from the sanitary authority. And by 
sec. 101, if a complaint is made by the County Council 
to the Local Government Board that a sanitary 
authority has (1) made default in executing or enforc- 
ing any of the provisions of the Act which it was their 
duty to enforce, or (2) of any bye-law made in pursuance 
tin.- roof, the Local Government Board, if satisfied that 
the complaint is well founded, and that it cannot be 
remedied under the other provisions of the Act, may 
make an order limiting a time for the performance of 
the duty of such sanitary authority. And if the duty 
is not performed by the time limited the order may be 
enforced by writ of mandamus, or the Local Govern- 
ment Board may appoint the County Council to perform 
such duty. All powers requisite to fulfil this duty 
and to recover any expenses incurred are then conferred 
upon the County Council. 

Powers of making bye-laws are conferred upon the 
County Council, by sec. 16, for prescribing the times, etc., 
for the removal or carriage by road, &c., of any fcecal 
or offensive or noxious matter or liquid ; by sec. 19, 
for regulating the conduct of offensive trades ; by sec. 
28, in respect to the conduct of dairies ; and by sec. 39, 
in respect to water-closets, earth-closets, etc. 

The licensing of cow-houses and slaughter-houses is 
vested in the County Council by sec. 20, penalties being 
imposed for using unlicensed places. 

Under sees. 37, 41 and 44 an appeal may be made 
from the sanitary authority to the County Council bv 
any person aggrieved by any action or notice of the 
sanitary authority in respect to the provision or con- 
struction of suitable water-closets, ash-pits, drains, etc. 

By sec. 90 the County Council may require a sanitary 
authority to provide places for post-mortem examina- 
tions. By sec. 92 the County Council is itself to provide 
proper accommodation for holding inquests ; and by 
sec. 93 the County Council may provide one or two 



1 / 

INTRODUCTION. 






Such are the powers of the County Council within 



the following modifications - ' 7 
(a.) There shall be no appeal under this Act from 



(b.) The bye-laws made bj the County council 
under t nis Act shall not extend to tL c% 

(c.) The County Council shall not have power to 
require the Commissioners of Sewers 1 to ro? 



The powers of the County Council under this 
Act ; to proceed m case of default of a sanitary 

s n J f ? aU n0t GXtend to the 
s toners of Sewers. 







e { m r r t0 the Public ^alth n do 
l n ^ for the most P art ^llow the order in 
these subjects are treated in the Act. 



INTKOBUCTION. 17 

The first clause declares it to be the duty of every 
sanitary authority to cause its district to be inspected 
from time to time with a view to the discovery of 
nuisances ; to take measures for the abatement of such 
nuisances ; and " otherwise to put in force the powers 
vested in them relating to public health and local 
government, so as to secure the proper sanitary condi- 
tion of all premises within the district." 

Then, by sec. 2, the following nuisances may be 
dealt with summarily (i.e. by proceedings before a 
court of summary jurisdiction) under the Act ; but 
both these and other nuisances may still be dealt with 
by indictment or otherwise under the general law : 

(a.) Any premises in such a state as to be a 
nuisance or injurious or dangerous to health; 

(b.~) any pool, ditch, gutter, watercourse, cistern, 
wiit-jr-closet, earth-closet, privy, urinal, cess- 
pool, or ash-pit so foul or in such a state as 
to be a nuisance or injurious to health ; 

(c.) any animal kept in such place or manner as 
to be a nuisance or injurious or dangerous 
to health ; 

(.) any accumulation or deposit which is a 
nuisance or injurious or dangerous to health ; 

(e.) any house or part of a house so overcrowded 
as to be injurious or dangerous to the 
health of the inmates, whether or not mem- 
bers of the same family ; 

(/.) any such absence from premises of water- 
fittings as is a nuisance by virtue of sec. 33 
of the Metropolis Water Act, 1871 ; 

(g.) any factory, workshop, or work-place which 
is not a factory, subject to the provisions of 
the Factory and Workshop Act, 1878, re- 
lating to cleanliness, ventilation, and over- 
crowding ; and 

(i.) is not kept in a cleanly state and free from 
effluvia arising from any drain, privy, earth- 



18 INTRODUCTION. 

closet, water-closet, urinal, or other nuis- 
ance ; or 

(ii.) is not ventilated in such a manner as to 
render harmless, as far as practicable, any 
gases, vapours, dust, or other impurities 
generated in the course of the work carried 
on therein that are a nuisance or injurious 
or dangerous to health ; or 

(iii.) is so overcrowded while work is carried 
on as to be injurious or dangerous to 
the health of those employed therein. 

Information of a nuisance liable to be dealt with 
summarily under the Act may be given to the sani- 
tary authority of a district by any person (sec. 3), 
while it is the duty of every officer of the authority, 
and also of every relieving officer, to give such infor- 
mation. It is at the same time the duty of the sanitary 
authority to give such directions to their officers as 
will secure the existence of the nuisance being im- 
mediately brought, by a written intimation, to the 
notice of the person required to abate it. 

On the receipt of any infonnation respecting a 
nuisance the sanitary authority (sec. 4) is, if satisfied 
of the existence of the nuisance, to serve a notice (1) 
on the person by whose act, default, or sufferance the 
nuisance exists or continues, or, (2) if such person 
cannot be found, on the occupier or owner of the pre- 
mises in which the nuisance exists requiring him to 
abate the nuisance within the time specified in the 
notice, which may also require him to do what is neces- 
sary in order to prevent a recurrence of the nuisance. 
Where the nuisance arises (1) from any want or defect 
of a structural character, or (2) where the premises 
are unoccupied the notice must be served on the 
owner; and when the person causing the nuisance 
cannot be found, and it is clear that the nuisance is 
not due to the occupier or owner, the sanitary autho- 
rity may itself do what is required to prevent the re- 



INTRODUCTION. 19 

ciirrence thereof. But when the medical officer of health 
certifies that a house or part of a house is dangerous 
to the health of the inmates, the sanitary authority 
shall take proceedings under this section for the abate- 
ment of the nuisance. Moreover, if the nuisance is 
such absence of water-fittings as is declared a nuisance 
by sec. 33 of the Metropolis Water Act, 1871 (set out 
in the first schedule to this Act*), this is to be deemed 
to render the premises primd facie unfit for human 
habitation. If a notice has been served on a person 
under this section, and it is shown either (1) that the 
nuisance arose from his wilful act or default, or (2) 
that he has made default in complying with any of the 
requisitions of the notice in the time specified the per- 
son so offending is liable to a fine not exceeding 10 for 
each offence, and that whether a nuisance order of the 
kind we shall now describe is or is not made upon him. 

By sec. 5 if a person upon whom a notice has 
been served under the last section fails to abate the 
nuisance within the time specified, or if in the opinion 
of the sanitary authority the nuisance is likely to recur 
on the same premises 

A petty sessional court may on the complaint of the 
sanitary authority make " a nuisance order," which may 
be either (1) an abatement order, (2) a prohibition 
order, (3) a closing order, or (4) a combination of 
such orders.f A closing order is only to be made when 
it is proved that by reason of a nuisance a dwelling- 
house is unfit for human habitation, in which case a 
fine not exceeding 20 may be imposed. A fine not 
exceeding twenty shillings a day may be imposed for 
non-compliance with an abatement order ; while dis- 
obedience of a prohibition or closing order will entail 
a penalty not exceeding forty shillings a day during 

* See Schedule I., p. 173. 

t An abatement order may require the abatement of the 
nuisance within a specified time. A prohibition order may pro- 
hibit the recurrence of the nuisance. A closing order may pro- 
hibit a dwelling house from being used as a human habitation. 

c 2 



20 IKTliODUCTION. 

the continuance of the disobedience. Moreover, the 
sanitary authority may enter the premises to which a 
nuisance order relates and abate or remove the nuisance. 

Against any nuisance order which includes a prohi- 
bition or closing order, or requires the execution of 
structural works, there is an appeal to quarter ses- 
sions under sec. 6, which contains provisions regulating 
the same. 

In case of two convictions within three months, for 
the overcrowding of the same house, a petty sessional 
court may (sec. 7) order the house to be closed 
for such period as it may deem necessary. 

By sec. 8 a nuisance order may in certain cases be 
addressed to, or executed by, the sanitary authority. 

Clause 10 gives the sanitary authority a right to 
enter premises, either to ascertain whether a nuisance 
exists or to see to the 'execution of a nuisance order. 

The payment of expenses incurred in the execution 
of the provisions relating to nuisances is provided for 
by sec. 11, while sec. 12 reserves and regulates the 
power of a private individual to make complaint of a 
nuisance to the justices. By sees. 13 and 14 the sanitary 
authorities are empowered to take proceedings in the 
High Court if they think fit for the abatement of the 
nuisance ; and also to take proceedings in cases where 
a nuisance arises from an act, default, etc., outside 
their own district. And by sec. 15 a fine not ex- 
ceeding <5 is imposed upon any one causing a drain, 
water-closet, etc., to become a nuisance or injurious to 
health by wilfully damaging the same. 

Bye-laws for securing the cleanliness of the streets 
are (sec. 16) to be made by each sanitary authority for 
its own district, while the County Council are to make 
similar bye-laws for the whole Metropolis in respect to 
the removal or carriage by road or water of any foul 
or offensive matter, etc. 

The keeping of swine or other animals in unfit places 
is the subject of sees. 17 and 18, while offensive trades 
are dealt with in sees. 19 to 21. 



INTRODUCTION. 21 

If any person establishes anew the business of blood 
boiler, bone boiler, manure manufacturer, soap boiler, 
tallow rnelter, or knacker ; or establishes anew, without 
the sanction of the County Council, the business of fell- 
monger, tripe boiler, slaughterer of cattle or horses, 
" or any other business which the County Council may 
declare by order confirmed by the Local Government 
Board and published in the London Gazette to be an 
offensive business " he will be liable to a fine not 
exceeding <50 in respect of the establishment of such 
business, with a further fine not exceeding d50 for 
every day during which he carries on the same. The 
County Council are not only to make bye-laws for the 
conduct of offensive trades, but are to act as the licens- 
ing authority for cow-houses and slaughter-houses 
elsewhere than in the City of London, where the duty 
falls to the Commissioners of Sewers ; and it is the 
duty of every sanitary authority to take proceedings 
before the justices in respect of a trade, business, pro- 
cess or manufacture causing effluvia, which is certified 
to them as being a nuisance or injurious to health. 
If a sanitary authority creates a nuisance by its 
manner of dealing with refuse, proceedings may (sec. 
22) be taken against it by the County Council. 

The consumption of smoke is the subject of sees. 
23 and 24. They provide that every furnace employed 
in the working of engines by steam, or employed in any 
public bath or washhouse, or in any manufactory, 
printing house, warehouse, iron foundry, glass-house, 
distillery, brewhouse, sugar refinery, bakehouse, gas 
works, water works, or other .buildings used for the 
purpose of trade or manufacture, is to be constructed 
so as to consume or burn the smoke (i.e., as far as 
possible).* Severe penalties are imposed upon the use 
of furnaces not constructed to consume their smoke, 
and upon the negligent use of properly, constructed 

* The sectioil includes similar provisions as to steani vessels 
plying on the Thames to places westward of the Nore light. 



22 INTRODUCTION. 

furnaces whereby smoke is allowed to escape. But no 
information is to be laid except by a sanitary authority 
whose duty it is to enforce these provisions of the Act. 
Any fireplace or furnace used for working engines 
by steam, or in any mill, factory, dye-house, brewery, 
bakehouse, or gas works, or in any manufacturing or 
trade process whatever, and any chimney not being the 
chimney of a private dwelling-house, sending forth 
black smoke in such quantity as to be a nuisance are 
to be nuisances, and as such liable to be summarily 
dealt with under the Act.* 

The duties of the sanitary authorities in seeing to 
the cleansing, whitewashing, purification and ventila- 
tion of workshops and bakehouses are the subject of 
the three following clauses, while sec. 28 not only 
gives the Local G-overnment Board power to make 
general or special orders for the regulation of dairies, 
but empowers the department to authorize the County 
Council to make bye-laws and enforce their observance 
as a sanitary authority elsewhere than for, and in, the 
City of London. 

The next section (29), which relates to the removal 
of refuse, etc., from the streets, is of the greatest 
public interest and importance, and it is especially 
noteworthy from the fact that it completely alters the 
law on a point of vital interest to every householder in 
the Metropolis, for it relieves him of all further liability 
for the cleansing of the footpaths, or the removal of 
snow therefrom. It provides that : 

(1.) It shall be the duty of every sanitary authority 
to keep the streets of their district which are repair- 
able by the inhabitants at large, including the footways, 
properly swept and cleansed, so far as is reasonably 
practicable, and to remove from the said streets, so far 
as is reasonably practicable, all street refuse. 

(2.) If any such street in the district of any sanitary 



* See the clause itself for an important proviso to which 
this is subject. 



^INTRODUCTION. 23 

authority, including the footway, is not properly swept 
and cleansed, or the street refuse is not collected and 
removed from any such street, so far as is reasonably 
practicable, the sanitary authority shall be liable to a 
tine not exceeding twenty pounds. 

" (3.) So much of any Act as requires the occupier or 
owner of any premises in London to cause the footways 
and water-courses adjoining the premises to be swept and 
cleansed is hereby repealed." 

The duties of the sanitary authority in respect to 
the removal, at proper periods, of house-refuse,* the 
cleansing and emptying of ash-pits, earth- closets, etc., 
the scavenging the streets, the removal of any accumula- 
tion of filth, and the collection of manure and other 
refuse from stables and cowhouses are embraced in 
sees. 29 to 36 ; and we then reach a very important 
division of the Act, headed " Regulations as to Water- 
closets, etc." Sec. 37 provides that it shall not be 
lawful (under a fine not exceeding twenty pounds) to 
erect or rebuild any house without a sufficient covered 
ash-pit, and one or more sufficient water-closets. If 
any house, whether erected before or after the com- 
mencement of the Act, is without these conveniences, 
the sanitary authority may require them to be pro- 
videdt ; and if that notice is not complied with, the 
owner or occupier will be liable to a fine not exceeding 
five pounds, and a further fine not exceeding forty 
shillings for every day while the offence continues. 
Or the sanitary authority, instead of proceeding for a 

* House refuse is to be removed at the cost of the sanitary 
authority, and (sec. 30) " if any person in the employ of the 
sanitary authority, or of any contractor with the sanitary 
authority, demands from an occupier or his servant any fee or 
gratuity for removing house refuse from any premises, he ^shall 
be liable to a fine not exceeding twenty shillings." The sani- 
tary authority may charge a reasonable sum for removing trade 
refuse. 

f When sewerage or water-supply sufficient for a water-closet 
is not reasonably available, the section will be complied with 
by the provision of a privy or earth-closet. 



24 INTRODUCTION, 

fine, may enter on the premises, execute the work, and 
recover the expenses from the owner or occupier. 
There is an appeal (except in the City of London) to 
the County Council from any action on the part of a 
sanitary authority under this section by which any one 
feels agrieved. The provision of adequate sanitary con- 
veniences for manufactories, workshops, etc., is provided 
for by sec. 38, while the following section (39) empowers 
the County Council to make bye-laws with respect to the 
construction of water-closets, earth-closets, ash-pits, 
etc., and the sanitary authority to make bye-laws with 
respect to the keeping of water-closets supplied with 
sufficient water. The duty of enforcing both sets of 
bye-laws is imposed on the sanitary authority. For 
this purpose they are, by sec. 40, invested with large 
powers to enter premises and make examinations, etc. 
Sec. 41 imposes penalties for breaches of the bye- 
laws, for other offences which result in the creation of 
a nuisance, etc., or for the failure to execute such 
works as a person may be required to do by the sanitary 
authority, who may, however, instead of proceeding 
for a fine, cause the work to be done, and recover the 
expenses from the person offending. From any order 
made by the sanitary authority under this section 
there is an appeal to the County Council. The follow- 
ing section (42) is one of great practical importance. 
It provides that if a drain or water-closet is so con- 
structed or repaired as to be a nuisance or injurious to 
health, the person who undertook the work shall be 
liable to a fine not exceeding two pounds, unless he 
shows that the faulty construction was not due to wil- 
ful neglect or default on his part. However, the per- 
son who is in the first instance charged under this sec- 
tion may escape a fine by bringing before the court any 
other person being his agent, servant, or workman 
whom he alleges to be the actual offender, and show- 
ing that the offence was committed by such other per- 
son without his knowledge, consent, or connivance. In 
that case the actual offender will be convicted and fined. 



INTRODUCTION. 25 

Under sec. 43 provision is made for the cleansing, 
filling up, and covering in of offensive ponds, open 
ditches, etc., by the sanitary authority, who are also, 
by sees. 44 and 45, empowered to provide and regulate 
public conveniences ; and by sec. 46 fines recoverable 
on summary conviction are imposed upon persons 
injuring or improperly fouling any sanitary con- 
venience used in common by the occupiers of one or 
more dwelling-houses, or allowing the same to fall into 
such a state as to bo a nuisance or annoyance to the 
inhabitants of the district. 

In order to prevent the sale or use of unsound food, 
any medical officer or sanitary inspector may (sec. 47), 
at all reasonable times, enter any premises and inspect 
any animal, or any article, whether solid or liquid, 
intended for the food of man, which is exposed for 
sale, or deposited there for the purpose of sale or of 
preparation for sale. Any animal or article found to 
be diseased, unsound, or unwholesome may at once be 
seized and carried away in order to be dealt with by a 
justice, who is empowered to condemn it and direct it 
to be forthwith destroyed or otherwise disposed of. 
The person to whom it belonged, or in whose posses- 
sion or on whose premises it was found, may be fined 
not more than .50 for every animal or article, or 
for every parcel of fruit, vegetables, corn, bread, or 
flour condemned, or may, at the discretion of the court, 
be imprisoned for not more than six months, with or 
without hard labour. Moreover, if the person in whose 
possession the animal or article was found purchased it 
as food for man from another person, when in such a 
condition as to be liable to seizure and condemnation, 
this other person will also be liable to fine and imprison- 
ment, unless he proves that at the time of sale he did 
not know and had no reason to believe that it was in 
such condition. And if a person be convicted a 
second time within twelve mouths of an offence under 
this section the court may order that " a notice of the 
facts be affixod in such form and manner, and for such 



26 INTRODUCTION. 

period not exceeding twenty-one days, as the court may 
order, to any premises occupied by that person, and 
that the person do pay the cost of such affixing ; and 
if any person obstructs the affixing of such notice, or 
removes, defaces, or conceals the notice while affixed 
during the said period, he shall, for each offence, be 
liable to a fine not exceeding five pounds." If the 
occupier of a licensed slaughter-house is convicted of 
an offence under this section, his license may be can- 
celled ; while any one obstructing an officer in the exe- 
cution of a warrant for entrv into any premises, for 
the purposes of this section, will be liable to fine or 
imprisonment, according to circumstances. 

tinder the head of " Provisions as to Water " it is 
enacted by sec. 48 that an occupied house without a 
proper and sufficient supply of water shall not only be 
a nuisance liable to be dealt with summarily under the 
Act, but shall, if a dwelling-house, be deemed unfit 
for human habitation ; and may, therefore, be the 
subject of "a closing order" under sec. 5, sub-sees. 6 
and 7. Houses newly built, or rebuilt after the com- 
mencement of the Act, are not to be occupied until 
they are certified by the sanitary authority to have a 
proper and sufficient supply of water. And by sec. 49, 
whenever a water company cuts off the supply of 
water to an inhabited dwelling-house it must, within 
twenty-four hours (and under a penalty not exceed- 
ing 10), give notice thereof in writing to the 
sanitary authority of the district ; which will thus 
be placed in a position to take measures for closing 
the house as one unfit for human habitation. Every 
sanitary authority is (sec. 50) to make bye-laws for 
securing the cleanliness and freedom from pollution of 
tanks, cisterns, etc., used for the storage of water for 
drinking or domestic purposes or for manufacturing 
drink for the use of man ; while by sec. 53 a severe 
penalty is imposed for fouling or polluting the water 
of any well, fountain, or pump used or likely to be 
used for human consumption. By sec. 51 public foun- 



INTRODUCTION. 27 

taiiis, pumps, and cisterns are to be vested in the 
sanitary authorities, who are authorized to maintain 
them and supply water gratuitously to them. By sec. 52 
very severe penalties are imposed upon the pollution 
of any source of water-supply with gas washings ; while, 
by sec. 54, power is given to a petty sessional court, 
on the complaint of a sanitary authority, to close any 
well, pump, etc., the water from which is polluted, and 
is used or likely to be used for the consumption of man. 
The notification and prevention of infectious diseases 
are the subject of no fewer than twenty clauses. As 
to notification, sec. 55 provides that where any inmate 
of a house is suffering from an infectious disease to 
which this section applies,* the head of the family to 
which he belongs, and in his default other persons 
mentioned in the section, must (under liability to a 
fine not exceeding forty shillings) send notice thereof 
to the medical officer of health of the district, and a 
certificate setting forth particulars of the case must 
also be given by any medical practitioner attending the 
patient. Copies of the certificates of medical prac- 
titioners (for which they are to receive a small fee) are 
to be sent on to the Metropolitan Asylum Managers, who 
are to make weekly returns of the cases of infectious 
diseases so notified to the County Council ; and by 
section 56 any sanitary authority may extend the list 
of infectious diseases requiring notification in its own 
district, while the County Council may exercise a similar 
power with respect to London generally. Under sees. 
59, 60, and 61 the sanitary authority is to provide the 
means of disinfecting buildings, etc. ; and, where 
necessary or expedient, they are to take steps for the 
compulsory disinfection of houses, bedding, or other 
articles likely to retain or spread infection. By sec. 62 
a penalty is imposed upon the throwing of infectious 

'Namely, small-pox, cholera, diphtheria, membranous croup, 
erysipelas, the disease known as scarlet fever, and the fevers 
known as typhus, typhoid, enteric, relapsing, continued, or 
puerperal, etc. (Sec sub-section 8,) 



28 INTKODUCTION. 

rubbish into an ash-pit, and the sanitary authority are 
required to provide for its removal, destruction, or 
disinfection. Sec. 63 prohibits (under a penalty of 
<20) the letting, without previoxis disinfection, of any 
house or part of a house* in which a person has been 
suffering from any dangerous infectious disease, while 
a similar penalty (with the alternative of a month's 
imprisonment) is by sec. 64 imposed upon any one who 
on letting a house or part of a house shall knowingly 
give a false answer to a question as to any one suffer- 
ing from an infectious disorder having resided there 
during the previous six weeks. By sec. 65 a person 
who ceases to occupy an infected house or part of a 
house without having it disinfected or giving notice to 
the owner or master, is made liable to a fine not ex- 
ceeding ,10. Sec. 66 provides for the removal to iff 
hospital of any person who is suffering from, an infec- 
tious disease and "has no proper lodging; and sec. 67 
empowers a justice to order the detention in a hospital 
of any person suffering from an infectious disease if 
he would not on leaving be provided with accommoda- 
tion in which proper precautions could be taken to 
prevent the spread of such disease. Persons exposing 
themselves in any street, public place, shop, or room 
while suffering from a dangerous infectious disease, 
or similarly exposing bedding, clothing, etc., are !>v 
sec. 68 made liable to a fine not exceeding 10 ; and a 
like fine is imposed (sec. 69) upon any one who while 
suffering from a dangerous disease shall milk any 
animal or pick fruit, or engage in any occupation con- 
nected with food, in such a manner as to be likely to 
spread infectious disease. The conveyance of infected 
persons in public conveyances is prohibited under a fine 
by sec. 70. The following section (71) makes provision 
for the inspection by the medical officer of the district 
(under an order from a justice) of any dairy from 

* For the purpose of this section the keeper of an inn is to 
be deemed to let for hire part of a house to any person admitted 
as a guest. 



INTRODUCTION. '1 ( J 

which there is reason to believe that iufected niilk is 
supplied ; and upon his report the sanitary authority 
may make an order prohibiting any further supply of 
milk from such dairy until the order is withdrawn. 
The last three clauses of this division of the Act 
(72-74) prohibit the retention unburied for more than 
forty-eight hours in a room used as a dwelling-place, 
sleeping-place, or workroom, of the corpse of a person 
who has died from an infectious disorder ; provide for 
the burial direct from a hospital of the body of a 
person who has died therein from such disorder ; and 
require (under a penalty) that no public conveyance 
other than a hearse shall bo used for the conveyance 
of the body of a person who lias died from an infec- 
tiaus disorder, without previous notification of such 
^ause of death to the owner or driver, and without 
subsequent disinfection of the vehicle. 

Any sanitary authority may (sec. 75) provide for 
the inhabitants of their district hospitals, either tem- 
porary or permanent ;' and for this purpose may either 
build a new hospital or contract for the use of the 
whole or part of an existing hospital. The following 
clauses (76-79) provide for the recovery of the cost of 
maintaining a non-infectious patient in a hospital; 
authorize the provision of a temporary supply of 
medicine and medical assistance for the poorer in- 
habitants of a district, and of conveyances for carrying 
infected persons to hospitals; and give the Metro- 
politan Asylums Managers power to provide landing- 
places, vessels, ambulances, etc. The latter body are 
also empowered to admit non-pauper, fever, small-pox, 
or diphtheria patients into their hospitals (sec. 80), 
and although the maintenance of these patients is to be 
defrayed by the board of guardians of the district from 
which they are received, it is provided that " this shall 
not be considered to be parochial relief, alms, or charit- 
able allowance to any person, or to the parent or hus- 
band of any person; nor shall any person, or his or her 
parent or husband, be by reason thereof deprived of 



30 INTRODUCTION. 

any right or privilege or be subjected to any dis- 
ability or disqualification," as for instance in regard to 
voting at a Parliamentary election. 

Whenever any epidemic regulations issued by the 
Local Government Board are in force in a district the 
duty of seeing to the execution thereof is (sec. 82) 
entrusted to the sanitary authority, who are invested 
with the powers requisite for the purpose. The amount 
expended by them in providing any building for the 
reception of patients or other persons is (sec. 87) to 
such extent as may be determined by the Local 
G-overnment Board, together with two-thirds of the 
salaries or remunerations of any officers or servants 
employed in any such building, to be repaid to the 
sanitary authority from the Metropolitan common^ 
poor fund on the precept of the Local Government 
Board. 

Sanitary authorities are not only directed to provide 
mortuaries (sec. 88), but they are also empowered to 
provide for the " decent and economical interment," at 
charges to be fixed by bye-laws, of any dead body 
received into a mortuary. A justice (acting on the 
certificate of a medical officer of health or other legally 
qualified medical practitioner) is, under the circumstance 
set forth in sec. 89, empowered to order the body of a 
person who has died of an infectious disease to be buried 
immediately, or to be removed to a mortuary and after- 
wards buried within a limited time. 

A series of clauses (90-93), to which we have already 
called attention (ante, p. 15), empower or require the 
provision, either by the sanitary authority or the 
County Council, of places for post-mortem examinations 
or for holding inquests, together with " one or two 
suitable buildings " in the nature of a morgue, for the 
reception, with a view to identification, of unidentified 
bodies, with any clothing and articles found upon 
them. 

The sanitary authority is next authorized, by sec. 94, 
to make and enforce bye-laws with respect to houses 



INTRODUCTION. 31 

let in lodgings. Such bye-laws are to fix the number 
of persons who may occupy a house or part thereof let 
in lodgings, and to provide for the registration and 
inspection of such houses with a view to enforcing 
drainage, cleanliness, and ventilation therein, and the 
taking of precautions in case of infectious disease.* 

Tents, vans, sheds and similar structures used for 
human habitation may (sec. 95) be dealt with sum- 
marily as a nuisance under the Act (see ante, sec. 2) 
when they are in such a state as to be a nuisance or 
injurious to health, or are so overcrowded as to be 
injurious or dangerous to the health of the inmates. 
And the sanitary authority is not only empowered to 
make bye-laws for promoting the cleanliness, habitable 
condition, etc., of these and similar structures, but 
may authorise a person to enter and inspect them with 
a view to enforce the various provisions of the Act. 

From this subject we pass on to one of a very kindred 
character that of " underground rooms,"t or, in other 
words, cellars. These are dealt with in two categories. 
In the first place, no cellar "not let or occupied 
separately as a dwelling before the passing of the Act " 
(August 5, 1891,) is to be so let (under a fine not ex- 
ceeding twenty shillings for each day during which it 
is let or occupied) unless it complies with a long list of 
conditions and requirements, duly set forth in the sec- 
tion, with a view to secure its good sanitary conditions. 
But in the second place these provisions are not to 
be applied to cellars let as dwellings at the time of the 
passing of the Act, until the expiration of six months 
from that date. And even then " the sanitary authority, 
either by general regulations providing for classes of 
underground rooms, or on the application of the owner 

* This section is not to apply to common lodging-houses, 
which are, as we have seen, under the jurisdiction of the com- 
missioners of police. 

f That is any room the surface of the floor of which is more 
than three feet below the surface of the adjoining street or the 
ground nearest to the room. 



32 INTRODUCTION. 

of such room, may dispense with or modify any of ike 
said requisites which involve the structural alteration 
of the building if they are of opinion that they can 
properly do so," having regard to certain considerations 
and subject to a proviso which will be found set forth 
in the clause. If such dispensation or modification is 
not allowed, a person aggrieved thereby may appeal to 
the Local G-overnment Board. Officers of the sanitary 
authority, appointed for the purpose, may, under sec. 
97, enter and inspect rooms which they have reasonable 
grounds for believing to be occupied in contravention 
of the Act ; and are to report cases of offences against 
its provisions. If there are two convictions for unlaw- 
fully occupying an underground room within three 
months, a petty sessional court (sec. 98) may make an 
order for the closing of such room. 

We have already dealt generally, in the early part 
of this Introduction, with the provisions prescribing 
" the authorities for the execution of this Act." We 
may therefore now pass over sees. 99 to 102, by which 
these authorities are appointed, and go on to the sub- 
sequent clauses, which furnish the means and the 
machinery for the exercise of their functions. By 
clause 103 the expenses incurred by these authorities 
are to be defrayed : In the case of the Commissioners 
of Sewers, out of the sewer rate and consolidated 
rate, or either of such rates ; in the case of any vestry 
or district board, out of the general rate ; and in the 
case of the Local Board of Woolwich out of the district 
fund, or general district rate. Sec. 104 provides for 
the manner in which expenses of the Metropolitan 
Asylum Managers, under this Act, are to be defrayed. 
Borrowing powers, for certain purposes, are by 
sec. 105 conferred upon the sanitary authorities, each 
of which is by sec. 106 required to appoint one or 
more medical officers for its district, and also (sec. 107) 
"an adequate number of fit and proper persons as 
sanitary inspectors." The Local Government Board, 
on a representation from the County Council, may, 



INTRODUCTION, 33 

if necessary, enforce the appointment of sufficient 
sanitary inspectors, Avhoso duties are regulated by the 
section. The qualifications of medical officers of health 
and (after January 1st, 1895) of sanitary inspectors 
are the subject of sec. 108, which provides, inter alia, 
that a medical officer of health shall not be removable 
by a sanitary authority without the consent of the 
Local Government Board. The two following sections 
need not detain us, nor is it necessary that we should 
do more than mention that clauses 111 and 112 con- 
tinue the Corporation of the City of London as the 
Port sanitary authority of London, while sec. 113 
extends to the county of London the powers of the 
Local Government Board under the Public Health 
Act, 1875, with regard to cholera or other epidemic or 
infectious diseases. Clauses 114 to 128, relating to 
bye-laws, legal proceedings, appeal, notices, ect., are of 
a technical character. Their nature will be readily 
gathered from our table of contents, and we do not 
know that we could usefully summarize them here, as 
they must necessarily be consulted in the text of the 
Act by all who are in any way interested in or affected 
by them. 

We have already mentioned (ante, p. 16) that the 
Act is, in its application to the City of London, sub- 
ject to certain modifications by sec. 133. By that 
section the County Council is excluded from any juris- 
diction in the City of London, or any control over the 
Commissioners of Sewers. The place of the County 
Council will in this respect be filled by the Local 
Government Board, who may by sec. 134 authorize 
any officer of police of the City of London to institute 
any proceedings in respect to nuisances with regard to 
which the Commissioners of Sewers have failed to 
perform their duty. And by sec. 135 the Local 
Government Board, 'if satisfied (on complaint and 
after inquiry) that the commissioners have been 
guilty of default, are to make an order limiting a time 
for the performance of their duty. This order may, 



34 INTRODUCTION. 

if necessary, be enforced by mandamus ; or, if it is 
not obeyed, the Local Government Board may appoint 
some person to perform the duty, and direct that the 
expenses which he incurs, with a reasonable remunera- 
tion for his services, shall be paid by the Commis- 
sioners of Sewers. Saveral sub-sections provide in 
great detail the means of enforcing this order if it be 
disobeyed by the commissioners. The saving clauses, 
temporary provisions, interpretation clause, and the 
clauses repealing various Acts subsequently enume- 
rated in Schedule IV., are of no particular interest to 
the non-professional reader ; but the two last clauses 
of the Act are worthy of mention. Clatise 143 pro- 
vides that the " Act shall come into operation on the 
first day of January next after the passing thereof," 
i.e., on January 1st, 1892 ; and clause 144 gives the 
short title by which the Act may be cited as " the 
Public Health (London) Act, 1891." There are four 
schedules to the Act. Schedule I. applies certain pro- 
visions of other Acts to the purposes of this Act. 
Schedule II. extends numerous provisions of the Public 
Health Acts to Woolwich. Schedule III. contains 
various forms for use in proceedings under the Act ; 
and Schedule IV. enumerates the enactments repealed 
bv the Act. 



THE 

PUBLIC HEALTH (LONDON) ACT, 

1891. 
(54 & 55 Viet. c. 76.) 

An Act to consolidate and amend the Laws 
relating to Public Health in London. 

[5th August, 1891.] 

BE it enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords 
Spiritual and Temporal, and Commons, in this present 
Parliament assembled, and by the authority of the 
same, as follows : 

1. Sanitary authority to inspect district for detection 
of nuisances. It shall be the duty of every sanitary* 
authority to cause to be made from time to time in- 
spection of their district, with a view to ascertain 
what nuisances exist calling for abatement under the 
powers of this Act, and to enforce the provisions of 
this Act for the purpose of abating the same, and 
otherwise to put in force the powers vested in them 
relating to public health and local government, so as 
to secure the proper sanitary condition of all premises 
within their district.f 

* As to what are sanitary authorities see post, sec. 99. 

t See sees. 100 and 101 as to the power of the County Council 
and the Local Government Board to enforce the performance of 
their duties under this section (amongst others) by the sanitary 
authority. 

D 2 



36 THE PUBLIC HEALTH ACT, 1891. 

Nuisances (General). 

2. What nuisances may be abated summarily. (1.) 
For the purposes of this Act, 

I (a.) Anyjreniiscs* in such a statcf as to be a 
nuisancef or mjurious or dangerous to~"EeaTth ; 
(&.) Any pool, ditchrgutter, watercourse, cistern, 
water-closet, earth-closet, privy, urinal, cess- 
pool, drain, dung-pit, or ash-pit so foul or in 
such a state as to be a nuisance j or injurious 
or dangerous to health ;|| 

(c.) Any animal kept in sucli place or manner as 
to be a nuisance or injurious or dangerous to 
health ;f 

(d.) Any accumulation or deposit which is a 
nuisance or mjurious or dangerous to health ;** 

(e.) Any house or part of a house so overcrowded 
as to be injurious or dangerous to the health 
of the inmates, whether or not members of 
the same family ;ff 

* As to the meaning of "premises" sec sec. 141. The effect 
of sec. 95 is to bring tents, vans, sheds, or similar structures, 
and of sec. 110 is to bring vessels lying in any river or water in 
the county of London, within the operations of this and of the 
previous section. 

t It will be observed that it is the " state " of the premises 
and not the premises themselves, or the purpose for which they 
are employed, which constitutes a nuisance under this section. 

J It is sufficient if the "nuisance" interferes with personal 
comfort. Great Western Railway Company v. Bisliop, L.R. 
7 Q.B. 550. 

There is no definition of " drain " in the present Act, but it 
would no doubt be held to have the same meaning as in sec. 4 
of the Public Health Act, 1875; i.e., " a drain for and used for 
the drainage of one building only, &c." Scitcrs include (with 
some exceptions) all other drains. 

|| Sec in connection with this sub-section sees. 16, 39, 41 and 
impost. 

T And see sees. 16 (i.) (c.) and 17. 

** This is subject to the proviso (i. ) in sub-section 2 of the present 
clause. Sees. 16, 22, 29, 36 bear upon the subject of this para- 
graph, 
.tt But see proviso (ii.) in sub-section 2 of the present clause. 



NUISANCES (GENERAL). . 37 

(/.) Any such absence from premises of water 
fittings as is a nuisance by virtue of sec. 33 
of the Metropolis Water Act, 1871, set out in 
the First Schedule to this Act ;* and 
(<j.) Any factory, workshop, or workplace which is 
not a factory subject to the provisions of the 
Factory and Workshop Act, 1878,t relating 
to cleanliness, ventilation, and overcrowding, 
and 

(i.) is not kept in a cleanly state and free from 
effluvia arising from any drain, privy, earth- 
closet, water-closet, urinal, or other nuisance, 
or 

(ii.) is not ventilated in such a manner as to 
render harmless as far a,s practicable any 
gases, vapours, dust, or other impurities 
generated in the course of the work carried 
on therein that are a nuisance or injurious 
or dangerous to health, or 

(iii.) is so overcrowded while work is carried on 
as to be injurious or dangerous to the 
health of those employed therein, 
shall be nuisances liable to be dealt with summarily 
under this Act. 

(2.) Provided that 

(i.) Any accumulation or deposit necessary for the 
effectual carrying on of any business or manu- 
facture shall not be punishable as a nuisance 
under this section, if it is proved to the 
satisfaction of the court that the accumula- 
tion or deposit has not been kept longer than 
is necessary for the purposes of the business 
or manufacture, and that the best available 
means have been taken for preventing injury 
thereby to the public health ; and 

* See post, p. 173. 

f As to factories, workshops, &c., subject to the provisions of 
the Factory and Workshop Act, 1878, see also the Factory and 
Workshops Act, 1891 (54 & 55 Viet. c. 75). 



38 THE PUBLIC HEALTH ACT, 1891. 

(ii.) In considering whether any dwelling-house 
or part of a dwelling-house which is used as 
a factory, workshop, or workplace, or whether 
any factory, workshop, or workplace used also 
as a dwelling-house is a nuisance by reason 
of overcrowding, the court shall have regard 
to the circumstance of such other user. 
3. Information of nuisances to sanitary authority. 
Information of any nuisance liable to be dealt with 
summarily under this Act in the district of a sanitary 
authority may be given to that authority by any 
person, and it shall be the duty of every officer of that 
authority* and of eveiy relieving officer, in accordance 
with the regulations of the authority having control 
over him, to give that information ; and it shall be 
the duty of the said authority to make the said regu- 
lations, and also the duty of the sanitary authority to 
give such directions to their officers as will secure* the 
existence of the nuisance being immediately brought 
to the notice of any person who may be required to 
abate it, and the officer shall do so by serving a 
written intimation. 

4. (!) Notice requiring abatement of nuisance. On 
the receipt of any information respecting the existence 
of a nuisance liable to be dealt with summarily under 
this Actf the sanita,ry authority shall, if satisfied of the 
existence of a nuisance, serve a noticet on the jierson 
by whose act, default; or suft'erance the' nuisance arises 
or continues, or, if such person cannot be found, on 
the occupier or ownerft of the premises || on which the 

* See as to the duties of sanitary inspectors post, sec. 107, 
and especially sub-section 3. 

t That is under sec. 2, ante. 

J Sec the form in schedule 3, post, p. 179. As to various points 
connected with the authentication and service, of the notice sec 
sees. 127 and 128 pos^. 

|| For the definition of premises see post, sec. 141. 

For the definition of "owner" see post, sec. 141. It will 
be observed that the owner or occupier is only to be summoned 
as such if the person to whose act, default, &c., the nuisance is 



NUISANCES (GENERAL). 39 

nuisance arises, requiring him to abate the same 
within the time specified in the notice, and to execute 
such works and do such things as may be necessary 
for that purpose,* and, if the sanitary authority think 
it desirable (but not otherwise) specifying any works 
to be executed. 

(2.) The sanitary authority mayt also by the same or 
another notice served on the occupier, owner, or person 
require him to do what is necessary for preventing the 
recurrence of the nuisance, and, if they think it de- 
sirable, specify any works to be executed for that 
purpose, and may serve that notice notwithstanding 
that the nuisance may for the time have been abated, 
if the sanitary authority consider that it is likely to 
recur on the same premises. 
(3.) Provided that 

(a.) where the nuisance arises from any want or 
defect of a structural character, or where the 
premises are unoccupied, the notice shall be 
served on the owner : 

(&.) where the person causing the nuisance cannot 
be found, and it is clear that the nuisance 
does not arise or continue by the act, default, 
or sufferance of the occupier or owner of the 
premises, the sanitary authority may them- 
selves abate the same and may do what is 
necessary to prevent the recurrence thereof : 
(err) iirh^r" the medical officer of health certifies to 
the sanitary authority that any house or part 
of a house in their district is so overcrowded 

traceable cannot be found ; but it is obvious that either the 
owner or occupier may be summoned as the person responsible 
for the creation of the nuisance. It is often difficult to decide 
as to the person upon whom the notice should be served ; one 
leading test is supplied by the answer to the question, who has 
the power to comply with the notice by abating the nuisance. 

* Even by pulling down the premises if they are unfit for 
human habitation. (Lnmley's Public HeaWi, p. 114.) 

f It is not compulsory upon the sanitary authority to take 
action under this sub-section. 



40 THE PUBLIC HEALTH ACT, 1891. 

as to be injurious or dangerous to the health 
of the inmates, whether or not members of 
the same family, the sanitary authority shall 
take proceedings under this section for the 
abatement of such nuisance : 

((7.) where the nuisance is such absence of water- 
fittings as is declared a nuisance by sec. 33 of 
the Metropolis Water Act, 1871 (set out in 
the First Schedule to this Act),* such absence 
shall be deemed to render the premises unfit 
for human habitation! unless and until the 
' contrary is shown to the satisfaction of the 

court. 

(4.) Where a notice has been served on a person 
under this section, and either 

(a.) the nuisance arose from the_vvilful act or 

jWa.ult, of thft saJrl person ;' or 
(&.) such person makes default in complying with 
any of_the^Tecnnsitions of the notice within 
the time specified, 

he shall be liable to a fine not exceeding ten pounds 
for each offence, whether any such nuisance order as 
in this Act mentioned is or is not made upon him. 

5. On non-compliance with notice, order to be made. 
(1.) If either 

(a.) the person on whom a notice to abate a 
nuisance has been served as aforesaid^ makes 
default in complying with a.ny of thn fe"quIsT 
' tions^ thereof within the time specified ; or 
(6.) the nuisance, although abated since the ser- 
vice of the' notice, is, in the opinion of the 
sanitary authority, likely to recur on the 
same premises, 
the sanitary authority shall make a complaint, and the 

* Post, p. 173. 

f Then under the next section, sec. 5 (sub-sections 6 and 7), 
the house may be closed under " a closing order." 
That is under sec. 4. 
That is must make a complaint. If they do not, it will be 



NUISANCES (GENERAL). 41 

petty sessional court hearing the complaint may make 
on such person a summary order (in this Act referred 
to as a nuisance order).* 

(2.) A nuisance order may be an abatement order, a 
prohibition order, or a closing order, or a combination 
of such orders, f 

(3.) An abatement order may require a person to 
comply with all or any of the requisitions of the notice, 
or otherwise to abate the nuisance within a time 
specified in the order. 

(4.) A prohibition order may probibit the recurrence 
of a nuisance. 

(5.) An abatement order or prohibition order shall, 
if the person on whom the order is made so requires, 
or the court considers it desirable, specify the works to 
be executed by such person for the pul'poyi! ui abating 
or preventing the recurrence of the nuisance. 

a default, and will entail upon the sanitary authority the con- 
sequences set forth in sees. 100 and 101 iu respect to London 
outside the City, and in sees. 134 and 135 in reference to the 
City. The complaint, which must be made to a petty sessional 
court sitting and acting under the Summary Jurisdiction Acts 
(11 & 12 Viet. c. 43, and 42 & 43 Viet. c. 49), need not be in 
writing, though it is desirable that it should be ; but it must be 
made within six mouths from the time at which the cause of 
complaint arose. Proceedings may, however, be taken in the 
case of a continuing nuisance more than six months after the 
nuisance first commenced. 

* Sec post, schedule 3; pp. 179, 180, for forms of summons and 
order ; and as to "legal proceedings " generally clauses 115 to 124 
post. By " summary order " is meant an ordermade by a court of 
summary jurisdiction in accordance with the provisions of the 
Summary Jurisdiction Acts (see post, sec. 117). By sec. 12 of 
the Interpretation Act, 1889 (52 & 53 Viet. c. 63) the expression 
" petty sessional court " shall, as respecting England and Wales, 
mean a court of summary jurisdiction consisting of two or more 
justices when sitting in" a petty sessional court-house [as to 
which see sec. 14 of the same Act] , and shall include the Lord 
Mayor of the City of London and any alderman of the City, 
and any metropolitan or borough police magistrate or other 
stipendiary magistrate when sitting in a court-house or place at 
which he is authorised by law to do alone any act authorised to 
be done by more than one justice of the peace. 

t See forms in schedule 3, %>ost, p. 179. 



42 THE PUBLIC HEALTH ACT, 1891. 

(6.) A closing order may prohibit a dwelling-house 
from being used for human habitation. 

(7.) A closing order shall only be made where it is 
proved to the satisfaction of the court that by reason 
of a nuisance a dwelling-house is unfit for human 
habitation,* and if such proof is given the court shall 
make a closing order, and mayf impose a fine not 
exceeding twenty pounds. 

(8.) A petty sessional court, when satisfied that the 
dwelling-house has been rendered fit for human habi- 
tation, may declare that it is so satisfied, and cancel 
the closing order. 

(9.) If a person fails to comply with the provisions 
of a nuisance order with respect to the abatement of a 
nuisance, he shall, unless he satisfies the court that he 
has used all due diligence to carry out such order, be 
liable to a fine not exceeding twenty shillings a day 
during his default ; and if a person knowingly and 
wilfully acts contrary to a prohibition or closing order 
he shall be liable to a fine not exceeding forty shillings 
a day during such contrary action; moreover, the sani- 
tary authority may enter the premises to which a 
nuisance order relates, and abate or remove the 
nuisance, and do whatever may be necessary in execu- 
tion of such order. J 

6. (1.) Provisions as to appeal against order. 
Where a person appeals to the court of quarter 
sessions against a nuisance order, no liability to a fine 
shall arise, nor, save as in this section mentioned, 
shall any proceedings be taken or work done under 

* As, for instance, in consequence of the absence of water 
fittings sec ante, sec. 4 (3) (a). 

f The court is not bound to impose a penalty ; but if a penalty 
is imposed the mode of enforcing payment is pointed out in 
sec. 117 post. 

J As to the recovery of these fines sec post, sec. 117. As to 
the recovery by the sanitary authority of any expenses incurred 
by them under this sub-section, see post, sees. 11, 117, 120, and 
121. 

See as to appeal sec. 125 post. 



NUISANCES (GENERAL). 43 

such order until after the determination or abandon- 
ment of such appeal. 

(2.) There shall be no appeal to quarter sessions 
against a nuisance order, unless it is, or includes, a 
prohibition or closing order, or requires the execution 
of structural works. 

(3.) Where a nuisance order is made and a person 
does not comply with it and appeals against it to the 
court of quarter sessions, and such appeal is dismissed 
or is abandoned, the appellant shall be liable to a fine 
not exceeding twenty shillings a day during the non- 
compliance with the order,* unless he satisfies the court 
before whom proceedings are taken for imposing a fine 
that there was substantial ground for appeal, and that 
the appeal was not brought merely for the purpose of 
delay, and where the appeal is heard by the court of 
quarter sessions, that court may, on dismissing the 
appeal, impose the fine as if the court were a petty 
sessional court. 

(4.) Where a nuisance order is made on any person 
and appealed against, and the court which made the 
order is of opinion that the continuance of the nuisance 
will be injurious or dangerous to health, and that the 
immediate abatement thereof will not cause any injury 
which cannot be compensated by damages, the court 
may authorise the sanitary authority immediately to 
abate the nuisance; but the sanitary authority, if 
they do so, and the appeal is successful, shall pay 
the cost of such abatement and the damages (if any) 
sustained by the said person by reason of such 
abatement ; but, if the appeal is dismissed or aban- 
doned.t the sanitary authority may recover the cost of 
the abatement in a summary manner from the said 
person. 

* That is from the date of the order to the time of the appeal 
being dismissed or abandoned. 

+ If the appeal is abandoned proceedings to recover the cost 
of the abatement must be taken before a court of summary 
jurisdiction, (See sec. 117.) 



44 THE PUBLIC HEALTH ACT, 1891. 

7. Provisions in case of two convictions for over- 
crowding. Where two convictions* for offences relating 
to the overcrowding of a house or part of a house in 
any district have taken place within a period of three 
months (whether the persons convicted were or were 
not the same), a petty sessional court may, on the 
application of the sanitary authority, order the house 
to be closed for such period as the court may deem 
necessary. 

8. In certain cases order may be addressed to sani- 
tary authority. Whenever it appears to the satisfac- 
tion of the petty sessional courtf that the person by 
whose act, default, or sufferance a nuisance liable to 
be dealt with summarily under this Act arises, or the 
owner or occupier of the premises is not known or 
cannot be found, J then the nuisance order may be ad- 
dressed to, and if so addressed shall be executed by, 
the sanitary authority. 

9. Power to sell manure, &c. Any matter or thing 
removed by the sanitary authority in abating, or doing 
what is necessary to prevent the recurrence of, a 
nuisance liable to be dealt with summarily under this 
Act may be sold by public auction, or, if the authority 
think the circumstances of the case require it, 
mav be sold otherwise, or be disposed of without 
sale ; and the money arising from the sale may 
be retained by the sanitary authority, and applied in 
payment of the expenses incurred by them with re- 
ference to such nuisance, and the surplus (if any) 
shall be paid, on demand, to the owner of such matter 
or thing. 

* Conviction for overcrowding may take place under sec. 4, sub- 
section 4, sec. 5, sub-sections 7 and 9, by all of which penalties 
are imposed. . 

t See note ante, p. 41. 

J As to the case in which the person causing the nuis- 
ance cannot be found, and it is clear that neither the owner 
nor the occupier arc in default, sec ante, sec. 4, sub-section 
(3) (6). 



NUISANCES (GENERAL). 45 

10 Pntn.'i- i>f entry. The sanitary authority shall 
have a right to enter* from time to time a.ny pre- 
mises 

(a.) for the purpose of examining as to the 
existence thereon of any nuisance liable to 
be dealt with summarily under this Act, at 
any hour by day,t or in the case of a nuisance 
arising in respect of any business, then at 
any hour when that business is in progress 
or is usually carried on, and 

(&.) where under this Act a nuisance has been 
ascertained to exist, or a nuisance order has 
been made, then at any^uch hour as afore- 
said, until the nuisance is abated, or the 
works ordered to be done are completed, or 
the closing order is cancelled, as the case 
may be, and 

(c.) Where a nuisance order has not been com- 
plied with, or has been infringed, at all 
reasonable hours, including all hours during 
which business therein is in progress or is 
usually carried on, for the purpose of 
executing the order. 

11. Costs of execution of provisions relating to 
tin i unices. (1.) All reasonable costs and expenses 
incurred in sei*ving notice, making a complaint, or 
obtaining a nuisance order, or in carrying the order 
into effect, shall be deemed to be money paid for the 
use and at the request of the person on whom the 

* As to the exercise of, and the mode of enforcing, tins power 
of entry, see post sec. 115. It provides inter alia that the entry 
may be made "by any members of the authority, or by any 
officers or persons authorised by them either generally or in any 
particular case." 

) By sec. 141 the expression "day" means the period 
between six o'clock in the morning and the succeeding nine 
o'clock in the evening. The general right of entry is by this 
section limited to the daytime, but by sec. 115 (6) there is a 
special right of entry at any hour of the day or night under a 
warrant, where a house is alleged to be overcrowded so as to be 
a nuisance. 



46 THE PUBLIC HEALTH ACT, 1891. 

order is made ; or if the order is made on the sanitary 
aiithority, or, if no order is made, but the nuisance is 
proved to have existed when the notice was served or 
complaint made, then of the person by whose act, 
default, or sufferance the nuisance was caused; and 
in case of nuisances caused by the act or default of 
the owner* of premises, such costs and expenses may be 
recovered from any person who is for the time being 
owner of such premises. 

(2.) Such costs and expenses, and any fines incurred 
in relation to any such nuisance, may be recovered in 
a summary manner or in the county court or High 
Court, and the court shall have power to divide costs, 
expenses, and fines 'between persons by whose acts, 
defaults, or sufferancef a nuisance is caused, as to it 
may seem just. 

12. Power of individual to complain to justice of 
nuisance. (1.) Complaint of the existence of a nuis- 
ance liable to be dealt with summarily under this Act 
on any premises within the district of any sanitary 
authority may be made by any person, J and thereupon 

* By sec. 141 " the expression ' owner ' means the person for 
the time being receiving the rack-rent of the premises in con- 
nection with which the word is used, whether on his own account 
or as agent or trustee for any other person who would 
so receive the same if such premises were let at a rack-rent." 
Then by the following paragraph of the same section the ex- 
pression " rack rent " means " rent which is not less than two- 
thirds of the full annual value of the premises out of which 
the rent arises ; and the full annual value shall be taken to be 
the annual rent which a tenant might reasonably be expected, 
taking one year with another, to pay for the premises, if the 
tenant undertook to pay all the usual tenant's rates and taxes 
and tithe commutation rent-charge (if any), and if the land- 
lord undertook to bear the cost of the repairs and insurance 
and the other expenses (if any) necessary to maintain the pre- 
mises in a state to command such rent." The result is that the 
owner of a ground rent is not responsible for costs and expenses 
under this section. 

t See sees. 120 and 121 post as to proceedings against two or 
more persons, or against owner and occupier. 

J But the justices cannot under this section make an order 



(&ENEKAL). 47 

the like proceedings shall be had with the like inci- 
dents and consequences as to making of orders, fines, 
for disobedience of orders, appeal, or otherwise, as in 
the case of a like complaint by the sanitary authority. 
(2.) Provided that the court may, if. it thinks fit, 
(a.) adjourn the hearing or further hearing of the 
complaint for the purpose of having an ex- 
amination of the premises where the nuisance 
is alleged to exist, and may authorise the 
entry* into such premises of any constable or 
other person fbr that purpose ; and 
(6.) authorise any constable or other person to do 
all necessary acts for executing an order 
made on a complaint under this section, and 
to recover the expenses from the person on 
whom the order is made in a summary 
manner. 

(3.) Any constable or other person authorised under 
this section shall have the like powers, and be subject 
to the like restrictions as if he were an officer of the 
sanitary authority authorised under the foregoing pro- 
visions of this Act to enter any premises and do any 
acts thereon. 

13. Proceedings in High Court for abatement of nui- 
sances. The sanitary authority may, if in their opinion 
summary proceedings would afford an inadequate 
remedy, cause any proceedings to be taken agaiust any 
person in the High Court to enforce the abatement or 
prohibition of any nuisance liable to be dealt with 
summarily xmder this Act, or for the recovery of any 
fines from, or for the punishment of, any persons 
offending against the provisions of this Act relating to 
such nuisances, and may pay as expenses of the execu- 
tion of this Act their expenses of and incident to all 
such proceedings. 

on the complaint of a private authority for the abatement of a 
nuisance arising from sewage tanks, &c., constructed by a local 
board of health. Beg. v. Parlby L.R. 22 Q.B.D. 520. 
* See sec. 10 ante and our note thereto. 



48 THE PUBLIC HEALTH ACT, 1891. 

14. Power to proceed where cause of nuisance arises 
without district. (1.) Where a nuisance liable to be 
dealt with summarily under this Act appears to be 
wholly or partially caused by some act, default, or 
sufferance committed or taking place without the dis- 
trict the inhabitants of which are affected by the 
nuisance, the sanitary authority for that district may 
take or cause to be taken against any person in respect 
of such act, default, or sufferance any proceedings in 
relation to nuisances by this Act authorised, with the 
same incidences and consequences as if such act, 
default, or sufferance were committed or took place 
wholly within their district ; so, however, that sum- 
mary pi'oceedings shall in no case be taken otherwise 
than before a court having jurisdiction in the district 
where the act, default, or sufferance is alleged to be 
committed or take place. 

(2.) Section one hundred and eight of the Public 
Health Act, 1875, set out in the First Schedule to 
this Act,* shall continue to extend to London, with 
the substitution of a sanitary authority under this Act 
for any nuisance authority mentioned in the said 
section, and any reference in that section to a nuisance 
in the Metropolis shall include a nuisance within the 
meaning of this Act. 

15. Penalty for injuring closet, &c., so as to cause a 
nuisance. If a person causes any drain, water-closet, 
earth-closet, privy, or ash-pitf to be a nuisance or in- 
jurious or dangerous to health by wilfully destroying 
or damaging the same, or any water-supply, apparatus, 
pipe, or work connected therewith, or by otherwise 
wilfully stopping up, or wilfully interfering with, or 
improperly using the same, or any such water-supply, 
apparatus, pipe, or work, he shall be liable to a fine not 
exceeding five pounds. 

* See post p. 173. 

f " Ash-pit" is defined by see. 141 post. As no definition is 
given of the other terms, they must be taken in their usual 



PENALTIES FOR PARTICULAR NUISANCES. 49 

Penalties in respect of particular Nuisances. 
16. Bye-laws by sanitary authority and County 
Council as to cleansing streets and prevention of nuis- 
ances. (1.) Every sanitary authority shall make bye- 
laws * 

(a.) for the prevention of nuisances arising from 
any snow, ice, salt, dust, ashes, rubbish, offal, 
carrion, fish, or filth, or other matter or thing 
in any street ; and 

(6.) for preventing nuisances arising from any 
offensive matter running out of any manufac- 
tory, brewery, slaughter-house, knacker's- 
yard, butcher's or fishmonger's shop, or 
dunghill, into any uncovered place, whether 
or not surrounded by a wall or fence ; and 
(c.) for the prevention of the keeping of animalsf 
on any premises in such place or manner as 
to be a nuisance or injurious or dangerous to 
health ; and 

((Z.) as to the paving of yards and open spaces in 
connection with dwelling-houses. 

(2.) The County Council shall make bye-laws 
(a.) for prescribing the times for the removal or 
carriage by road or water of any foecal or 

* As to the making of bye-laws see post sec. 114 and also 
schedule 1 post, p. By sec. 142 (3) " where the County Council 
or a sanitary authority are required by this Act to make bye- 
laws for any purpose for which there are no bye-laws of the 
council or authority in force at the commencement of this Act, 
the first bye-laws made by the County Council or such authority 
for that purpose, under this Act, shall be submitted to the 
Local Government Board for sanction not later than six months 
after the commencement of this Act." As the Act comes into 
operation (sec. 143) on the 1st January, 1892, the first bye-laws 
must be submitted to the Local Government Board before the 
1st July in the same year. 

t As to the keeping of swine, there are special provisions in 
the next section (17) ; but the existence of these provisions will 
not prevent the sanitary authority from making further and 
even more restrictive provisions by bye-laws under this section. 

E 



50 THE PUBLIC HEALTH ACT, 1891. 

offensive or noxious matter or liquid iu or 
through London, and providing that the 
carriage or vessel used therefor shall be pro- 
perly constructed and covered so as to prevent 
the escape of any such matter or liquid, and 
as to prevent any nuisance arising therefrom ; 
and 

(&.) as to the closing and filling up of cesspools 
and privies, and as to the removal and dis- 
posal of refuse, and as to the duties of the 
occupier of any premises in connection with 
house refuse, so as to facilitate the removal 
of it by the scavengers of the sanitary au- 
thority. 

(8.) It shall be the duty of every sanitary authority 
to observe and enforce any bye-laws made under thi's 
section.* 

(4.) Except as otherwise provided by the bye-laws, a 
constable may arrest without warrant and take before 
a justice any person whom he finds committing an 
offence against such bye-laws and who refuses to give 
his true name and address. t 

(5.) Provided that the bye-laws shall not make it an 
offence to lay sand or other material in any street in 

* That is whether made by itself or by the County Council. 
If the sanitary authority fails to enforce any bye-laws they will 
be in default, and thereupon the County Council and the Local 
Government Board may . take action in London outside the 
City under sees. 100 and 101 ; or the Local Government Board 
may proceed in the City of London under sees. 134 and 135. 

t It will be seen that a constable can only arrest without a 
warrant a person who is actually doing something in violation 
of the bye-laws. He must not arrest for a mere failure or neglect 
to do something which the bye-laws enjoin ; and it would seem 
that if a name and address be tendered to him, and he does not 
know, or is not sure of his ability to prove that it is not a " true 
name and address," he cannot safely detain an offender for the 
purpose of making inquiries or otherwise. Of course, if there 
is a refusal to give any name and address whatever there caii be 
no doubtthat the sub-section would justify an immediate arrest 
without a warrant. 



PENALTIES FOR PARTICULAR NUISANCES. 51 

time of frost to prevent accidents, or litter or other 
matter to prevent the freezing of water in pipes, or in 
case of sickness to prevent noise, if the same is laid, 
and when the occasion ceases duly removed, in accord- 
ance with the bye-laws. 

17- (!) Penalty for keeping swine in unfit place. 
(1.) A person shall not 

(a.) feed or keep any swine in any locality, pre- 
mises, or place which is unfit for the keeping 
of swine, or in which the feeding or keeping 
of swine may create a nuisance or be in- 
jurious to health,* or 
(&.) permit any swine to stray or go about in any 

street or public place. 

(2.) If any person acts in contravention of this sec- 
tion he shall be liable to a fine not exceeding forty 
shillings, and to forfeit the swine, and to a further fine 
not exceeding ten shillings! for every day during which 

* The previous section (16) empowered the sanitary authority 
to make bye-laws in regard to the keeping of animals, including 
swine. Under the present section a person who keeps swine so 
as to create a nuisance, or be injurious to health, may be pro- 
ceeded against, although he has not violated any bye-laws on 
the subject. As we have already explained, it is not necessary 
in order to constitute a nuisance that there should be injury to 
health, either actual or threatened. It is sufficient if there is 
interference with personal comfort. But even so much as this 
is not necessary to a conviction if the swine are kept in a 
place " unfit " for the purpose. It would appear to be for the 
justices to decide whether a particular place is for any reason 
" unfit." One case of " unfitness " is pointed out and provided 
for by sub-section 4 of the present section, and it would not bo 
difficult to imagine other cases in which a place might be 
eminently " unfit," although there might be no nuisance. One 
such place is pointed out in sec. 47 of the Public Health Act, 
1875, which specifically prohibits the keeping of any swine or 
pigstye in any dwelling house. 

t As to the mode of enforcing penalties see post sec. 117. 
Sec. 119, sub-section 2, provides that " all things forfeited under 
this Act may be disposed of in such manner as the court order- 
ing the forfeiture may direct." 

E 2 



52 THE PUBLIC HEALTH ACT, 1891. 

he continues such offence after notice from the sani- 
tary authority to discontinue the same. 

(3.) Any swine found straying or going about in any 
street or public place may be seized and removed by 
any constable. 

(4.) Any premises within forty yards of any street 
or public place shall be deemed for the purposes of 
this section to be a place unfit for keeping swine. 

18. Power to prohibit keeping of animals in unfit 
place. Where it is proved to the satisfaction of a petty 
sessional court that any locality, premises, or place are 
or is unfit for the keeping of any animal, the court 
may by summary order prohibit the using thereof for 
that purpose for the future. 

Offensive Trades. 

19- Prohibition and regulation of establishing anew 
certain offensive businesses, and bye-laics as to offensive 
businesses. (1.) If any person 

(a.) establishes anew* the following businesses, or 
any of them ; that is to say, the business of 
blood boiler, bone boiler, manure manu- 
facturer, soap boiler, tallow melter, or 
knacker ;f or 

(&.) establishes anew, without the sanction of the 
County Council, the following businesses, or 
any of them ; that is to say, the business of 
fellmonger, tripe boiler, slaughterer of cattle 
or horses,J or any other business which the 
County Council may declare by order con- 
firmed by the Local Government Board and 
published in the London Gazette to be an 
offensive business, 

* As to when a business is to be deemed to be established 
" anew " see sub-section 8 of the present section. 

t For the meaning of the expression " knacker " see sec. 141 
post p. 169. It will be seen that no new businesses of the kind 
enumerated in this paragraph can be established in London, 
even with the sanction of the County Council. 

^ See also as to the meaning of this expression sec, 141. 



OFFENSIVE TRADES. 53 

he shall be liable to a fine not exceeding fifty pounds 
in respect of the establishment thereof, and any person 
carrying on the same when established shall be liable 
to a fine* not exceeding fifty pounds for every day 
during which he so carries on the same ; 

(2.) Provided that this enactment shall not render 
any person liable to a fine for establishing anew with 
the sanction of the County Council, or carrying on, the 
business of soap boiler, if and as long as that business 
is a business in which tallow or any animal fat or oil 
other than olein is not used by admixture with alkali 
for the production of soap. 

(3.) The County Council shall give their sanction by 
order, f but, at least fourteen daysj before making any 
such order, shall make public the application for it, by 
serving on the sanitary authority within whose district 
the premises on which the business is proposed to be 
established are situate, and by advertising, notice of 
the application and of the time and place at which 
they will be willing to hear all persons objecting to 
the order, and by causing a copy of the notice to be 
affixed in a conspicuous part of the said premises ; and 
they shall consider any objections made at that time 
and place, and shall grant or withhold their sanction as 
they think expedient, 

(4.) The County Council may make bye-laws for re- 
gulating the conduct of any businesses specified in 
this section, which are for the time being lawfully 
carried on in London, and the structure of the pre- 
mises on which any such business is being carried on, 
and the mode in which the said application is to be 
made. 

* Sec sec. 117. 

t As to the authentication of notices, orders, &c., see post 
sec. 127. An order must be under seal. 

J This is exclusive both of the day of giving the notice and 
making the order. Therefore, supposing a notice to be given 
011 the 1st of a month, the order could not be made until the 
16th. 

See sec. 128 (2). 



54 THE PUBLIC HEALTH ACT, 1891. 

(5.) Any such bye-law* may empower a petty ses- 
sional courtf by summary order to deprive any person, 
either temporarily or permanently, of the right of 
carrying on any business to which such bye-law relates, 
as a punishment for breaking the same, and any 
person disobeying such order shall be liable to a fine 
not exceeding fifty pounds for every day during which 
such disobedience continues. 

(6.) Any sanitary authority or person aggrieved by 
any proposed bye-law under this section, or by any pro- 
posed alteration or repeal of a bye-law, may forward 
notice of his objection to the Local Government 
Board, who shall consider the same. 

(7.) There shall be charged for an order of the 
County Council under this section, and carried to the 
county fund, such fee, not exceeding forty shillings, as 
the County Council may fix.J 

(8.) For the purposes of this section a business 
shall be deemed to be established anew not only if it 
is established newly, but also if it is removed from any 
one set of premises to any other premises, or if it is 
renewed on the same set of premises after having been 
discontinued for a period of nine months or upwards, 
or if any premises on which it is for the time being 
carried on are enlarged without the sanction of the 
County Council ; but a business shall not be deemed to 
be established anew on any premises by reason only 
that the ownership of such premises is wholly or par- 
tially changed, or that the building in which it is esta- 
blished having been wholly or partially pulled down or 
burnt down has been reconstructed without any ex- 
tension of its area. 

(9.) Nothing in this section shall render an order of 
the County Council necessary to authorise the slaughter 
of cattle at the Metropolitan Cattle Market, or at the 

* See sees. 114 and 142 (3). 

t As to what is a "petty sessional court " or a " summary 
order " see our notes on sec. 5 ante, p. 41. 
t See sec. 117, 



OFFENSIVE TRADES. 55 

cattle market at Deptford, or shall authorise the 
making of bye-laws affecting either of those markets or 
the slaughter-houses erected thereat either before or 
after the commencement of this Act. 

(10.) In the application of this section to the City of 
London the Commissioners of Sewers shall be substi- 
tuted for the County Council, and the consolidated rate 
for the county fund. 

20. Licensing of cow-houses and slaughter-houses. 
(1.) A person carrying on the business of a slaughterer 
of cattle or horses, knacker, or dairyman,* shall not use 
any premises in London (outside the City of London) 
as a slaughter-house or knacker's yard, or a cow-house 
or place for the keeping of cows, without a license from 
the County Council, and if he does he shall for each 
offence be liable to a finef not exceeding five pounds, 
and the fact that cattle have been taken into unlicensed 
premises shall be prima facie evidence that an offence 
under this section has been committed. 

(2.) A license under this section shall expire on such 
day in every year as the County Council fix, and when 
a license is first granted shall expire on the day so 
fixed which secondly occurs after the grant of the 
license, and a fee not exceeding five shillings to be 
carried to the county fund may be charged for the 
license. 

(3.) Not less than fourteen days before a license for 
any premises is granted or renewed under this section 
notice^ of the intention to apply for it shall be served 
on the sanitary authority of the district in which the 
premises are situate, and that sanitary authority, if 
they think fit, may show cause against the grant or 
renewal of the license. 

(4.) An objection shall not be entertained to the re- 
newal of a license under this section, unless seven days' 

* For tho meaning of these three terras, and also of " pre- 
mises," sec sec. 141. 
t Sec sec. 117. 
See sec. 128 (2). 



56 THE PUBLIC HEALTH ACT, 1891. 

previous notice of the objection has been served on 
the applicant, save that on an objection being made of 
which notice has not been given, the County Council 
may, if they think it just so to do, direct notice thereof 
to be served on the applicant, and adjourn the question 
of the renewal to a future day, and require the attend- 
ance of the applicant on that day, and then hear the 
case, and consider the objection, as if the said notice 
had been duly given. 

(5.) Where a committee of the County Council deter- 
mine to refuse, or to recommend the council to refuse, 
the renewal of any license under this section, the 
County Council shall, on written application made 
within seven days after such determination is made 
known to the applicant, hear the applicant against 
such refusal. 

(6.) For the purposes of this section a license shall 
be deemed to be renewed where a further license is 
granted in immediate succession to a prior license for 
the same premises. 

(7.) The sanitary authority shall have a right to 
enter* any slaughter-house or knacker's yard at any 
hour by dayf or at any hour when business is in pro- 
gress or is usually carried on therein, for the purpose 
of examining whether there is any contravention 
therein of this Act or of any bye-law made thereunder. 

(8.) Nothing in this section shall extend to 
slaughter-houses erected before or after the com- 
mencement of this Act in the Metropolitan Cattle 
Market under the authority of the Metropolitan 
Market Act, 1851, or the Metropolitan Market Act, 
1857. 

21. Duty of sanitary authority to complain to justice 
of nuisance arising from offensive trade. Q.") Where 
any manufactory, building, or premises used for any 
trade, business, process, or manufacture, causing 

* See post sec. 115. 

f That is between 6 A.M. and 9 P.M. (sec. 141). 



OFFENSIVE TRADES, 57 

effluvia, is certified to the sanitary authority by their 
medical officer of health, or by aiiy two legally quali - 
fied medical practitioners, or by any ten inhabitants of 
the district of such authority, to be a nuisance* or 
injurious or dangerous to the Health of any ot the 
mliiihifjuits of the district, such authority shall make 
", <-oni| > lamt,t and if it appears to the 'petty sessional 
court hearing the complaint that the trade, business, 
process, or manufacture carried on by the person 
complained of is a nuisance, or causes any effluvia 
which is a nuisance or injurious or dangerous to the 
health of any of the inhabitants of the district, then, 
unless it is shown that such person has used the best 
practicable means for abating the nuisance, or prevent- 
ing or counteracting the effluvia, the person so offend- 
ing (being the owner or occupier of the premises, or 
being a foreman or other person employed by such 
owner or occupier) shall be liable to a fine not exceed- 
ing fifty pounds. I 

(X.) Vrovided that the court may suspend its final 
determination on condition that the person complained 
of undertakes to adopt, within a reasonable time, such 
means as the court may deem practicable, and order 
to be carried into effect, for abating the nuisance, or 
mitigating or preventing the injurious effects of the 
effluvia. 

(3.) The sanitary authority may, if they think fit, 
on such certificate as is in this section mentioned, 
cause to be taken any proceedings in the High Court 
against any person in respect of the matters alleged in 
such certificate. 

* That is to say, if it 'causes annoyance or discomfort. 
Motion Board of Health v. Malton Farmers' Manure Company, 
4 Ex.D. 302 ; 49 L.J. M.C. 90. 

t If they do not they will be in default, and the County 
Council or Local Government Board may proceed under sees. 
100 and 101 ; or the latter body may proceed if the default is 
that of the Commissioners of Sewers, under sees. 134 and 135. 

Sec sec. 117. 



58 THE PUBLIC HEALTH ACT, 1891. 

(4.) The sanitary authority may take proceedings 
under this section in respect of a manufactory, build- 
ing, or premises situate without their district, so, how- 
ever, that the summary proceedings shall be had before 
a court having jurisdiction in the district where the 
manufactory, building, or premises are situate. 

(5.) Section one hundred and fifteen of the 
Public Health Act, 1875 (set out in the First 
Schedule to this Act),* shall continue to extend 
to London, with the substitution of a sanitarv 
authority under this Act for a nuisance authority 
mentioned in the said section, and any reference in that 
section to a nuisance in the Metropolis or to any build- 
ing, manufactory, or place in the Metropolis which is 
injurious to health, shall include any nuisance within 
the meaning of this Act, and any manufactory, build- 
ing, or place which is dangerous to health. 

22. Provisions as to nuisance created by sanitary 
authority in dealing with refuse. (1.) The removal of 
house ref usef and street refuse by a sanitary authority 
when collected or deposited by that authority shall be 
deemed to be a business carried on by that authority 
within the meaning of the last preceding section, and 
a complaint or proceedings under that section in rela- 
tion to any such business mayj be made or taken by 
the County Council in like manner as if the council 
were a sanitary authority. 

(2.) Any premises used by a sanitary authority for 
the treatment or disposal of any street refuse or house 
refuse, as distinct from the removal thereof, which are 

* See post p. 173. 

t By sec. 141 the expression "house refuse" moaus ashes, 
cinders, breeze, rubbish, night soil, and filth, but does not in- 
clude trade refuse. The expression " street refuse " means dust, 
dirt, rubbish, mud, road scrapings, ice, snow, and filth. 

J The word used here is "may." It will not, therefore, be 
imperative upon the County Council to take proceedings under 
sec. 21, even if a certificate, as in the section mentioned, bo 
presented to them. Nor indeed can they do so without the 
sanction of the Local Government Board, see sec. 117 (3). 



SMOKE CONSUMPTION. 59 

a nuisance or injurious or dangerous to health, shall 
be a nuisance liable to be dealt with summarily under 
this Act,* and for the purpose of the application thereto 
of the provisions of this Act relating to such nuisances 
the County Council shall be deemed to be a sanitary 
authority. 

Smoke Consumption. 

23. Furnaces and steam vessels to consume their 
own smoke. (1.) Every furnace employed in the work- 
ing of engines by steam, and every furnace employed 
in any public bath or washhouse, or in any mill, 
factory, printing house, dyehouse, iron foundry, glass- 
house, distillery, brewhouse, sugar refinery, bake- 
house, gasworks, waterworks, or other buildings used 
for the purpose of trade or manufacture (although a 
steam engine be not used or employed therein), shall 
be constructed so as to consume or burn the smoke 
arising from such furnace. 

(2.) If any person being the owner or occupier of 
the pi-emises, or being a foreman or other person em- 
ployed by such owner or occupier 

(a.) uses any such furnace which is not con- 
structed so as to consume or burn the smoke 
arising therefrom ; or 

(b.) so negligently! uses any such furnace as that 
the smoke arising therefrom is not effectually 
consumed or burnt ; or 

(c.) carries on any trade or business which occa- 
sions any noxious or offensive effluvia, or 
otherwise annoys the neighbourhood or in- 
habitants, without using the best practicable 
means for preventing or counteracting such 
effluvia or other annoyance ; 

* See ante sees. 4 and 5. 

t Assuming that the furnace is properly constructed to con- 
sume its own smoke, the only person who can be convicted 
under this provision is the person to whose personal negligence 
in using it the emission of smoke is due. Chisholm v. Doulton 
22 Q.B.D. 73G. 



60 THE PUBLIC HEALTH ACT, 1891. 

such person shall be liable to a fine not exceeding five 
pounds, and on a second conviction to a fine of ten 
pounds, and on each subsequent conviction to a fine 
double the amount of the fine imposed on the last pre- 
ceding conviction*. 

(3.) Every steam engine and furnace used in the 
working of any steam vessel on the river Thames, 
either above London Bridge, or plying to and fro 
between London Bridge and any place on the river 
Thames westward of the Nore light, shall be con- 
structed so as to consume or burn the smoke arising 
from such engine and furnace ; and if any such steam 
engine or furnace is not so constructed, or being so 
constructed is wilfully or negligently used so that the 
smoke arising therefrom is not effectually consumed 
or burnt, the owner or master of such vessel shall be 
liable to a fine not exceeding five pounds, and on a 
second conviction to a fine of ten pounds, and on every 
subsequent conviction to a fine of double the amount 
of the fine imposed on the last preceding conviction. 

(4.) Provided that in this section the words " con- 
sume or burn the smoke " shall not be held in all cases 
to mean " consume or burn all the smoke," and the 
court hearing an information against a person may 
remit the fine if of opinion that such person has so con- 
structed his furnace as to consume or burn, as far as 
possible, all the smoke arising from such furnace, 
and has carefully attended to the same, and consumed 
or burned, as far as possible, the smoke arising from 
such furnace. 

(5.) It shall be the duty f of every sanitary authority 
to enforce the provisions of this section, and an infor- 
mation shall not be laid for the recovery of any fine 
under this section except under the direction of a sani- 
tary authority. 

(6.) The provisions of this Act with respect to the 

* See as to mode of recovering these penalties, sec. 117. 
+ If they do not the County Council may intervene, post sees. 
100 and 101. As to the City of London, sees. 134 and 135. 



SMOKE CONSUMPTION. 61 

admission of the sanitary authority into any premises 
for any purposes in relation to nuisances, and with 
respect to the giving of information of a nuisance, 
shall apply in like manner as if they were herein re- 
enacted, and in terms made applicable to this section.* 

(7.) This section shall extend to the port of London, 
and as respects the port shall be enforced by the port 
sanitary authority. 

(8.) Nothing in this section shall alter or repeal 
any of the provisions of the City of London Sewers 
Act, 1851, or of the Whitechapel Improvement Act, 
1853. 

24. Summary proceedings for abatement of nuisance. 

(a.) Any fireplace or furnace which does not, as 
far as practicable, consume the smoke arising 
from the combustible used therein, and which 
is used for working engines by steam, or in 
any mill, factory, dyehouse, brewery, bake- 
house or gaswork, or in any manufacturing 
or trade process whatsoevert ; and 

(6.) Any chimney (not being the chimney of a 
private dwelling-house) sending forth black 
smoke in such quantity as to be a nuisance ; 

* These provisions are respectively sec. 115 post and sec. 3 
ante. 

t If the owner of a furnace or a fireplace used in the manner 
and for the purposes herein described be proceeded against on 
the ground that such furnace or fireplace does not " as far as 
practicable " consume its own smoke, it will, under the proviso 
at the end of the clause, bo a good defence to prove that the 
furnace or fireplace was constructed and managed so as to con- 
sume its own smoke as far as practicable, " having regard to the 
nature of the manufacture or trade," in which it was employed, 
that is to say, " consistently with the carrying on of the trade 
for which the furnace is used." Cooper v. Woolley L.R. 2 Ex. 
88. 

t The owners of a chimney cannot defend themselves against 
a summons under this sub-section by showing that the emission 
of the black smoke was due to the negligence of their servants. 
Barnes \. Akroyd L.K. 7 Q.B. 474. 



62 THE PUBLIC HEALTH ACT, 1891. 

shall be nuisances liable to be dealt with summarily 
under this Act, and the provisions of this Act relating 
to those nuisances shall apply accordingly : 

Provided that the court, hearing a complaint against 
a person in respect of a nuisance arising from a fire- 
place or furnace which does not consume the smoke 
arising from the combustible used in such fireplace 
or furnace, shall hold that no nuisance is created, 
and dismiss the complaint, if satisfied that such fire- 
place or furnace is constructed in such manner as to 
consume as far as practicable, having regard to the 
nature of the manufacture or trade, all smoke arising 
therefrom, and that such fireplace or furnace has been 
carefully attended to by the person having the charge 
thereof. 

Workshop* and Bakehouses. 

25. LimewasMng and washing of workshops. (1.) 
Where, on the certificate of a medical officer of health 
or sanitary inspector,* it appears to any sanitary 
authority that the limewashing, cleansing, or purifying 
of any workshopt (other than a bakehouse), or any 

* See sees. 106 and 107 post. 

+ It is an unsatisfactory feature of the Act that it contains 
no definition of the meaning with which " workshop " is used 
in the present sub-section, and " workplace " in the sub-section 
following. The Factory and Workshop Act, 1878, contains a 
definition of a "workshop," and if that word were alone used 
in the present Act it might be contended that it should bear the 
same sense in the present Act. But there is no definition of 
the word "workplace" in the Factory and Workshops Act 
(though it occurs once in an incidental way in the Factory and 
Workshops Act, 1878), and there is, therefore, no apparent reason 
whyjit should bear any narrower construction than would be given 
to it in popular speech or than belongs to it on etymological 
grounds. We take it, therefore, that the effect of the two sub- 
sections read together is to make the present section apply not 
merely to " workshops" as defined by the Factory and Work- 
shops Act, 1878, but to all premises, rooms, or places (not being 
cither (1) bakehouses or (2) factories subject to the provisions 
"~ nrkshops Act, 1878) where manual lj " 



of the Factory and Workshops Act, 1878) where manual labour is 
exercised by way of trade or business or for purposes of gain. 
If that be so, it is unnecessary, and might be misleading, to 



WORKSHOPS AND BAKEHOUSES. 63 

part thereof,* is necessary for the health of the persons 
employed therein, the sanitary authority shall serve 
notice in writing on the owner or occupier of the work- 
shop to limewash, cleanse or purify the workshop or 
part, as the case requires, within the time specified in 
the notice ; and, if the person on whom notice is so 
served fails to comply therewith, he shall be liable to 
a fiuef not exceeding five pounds, and to a further fine 
not exceeding ten shillings for every day during which, 
he continues to make default after conviction ; and the 
sanitary authority may, if they think fit, cause the 
workshop or part to be limewashed, cleansed, or puri- 
fied, and may recover in a summary manner J the 
expenses incurred by them in so doing from the person 
on whom the notice was served. 

(2.) This section shall apply to any factory which 
is not subject to the provisions of the Factory and 
Workshop Act, 18 78, and the Acts amending the same, 

repeat here the definition of " workshop " given in the Factory 
and Workshops Act, 1878. It does, however, seem open to doubt 
whether the exemption of domestic workshops (within sec. 61 
and sees. 97 and 98 of the Factory and Workshops Act, 1878,) 
from the application of the provisons of the Act with respect 
to " cleanliness (including limewashing, painting, varnishing, 
and washing), or to the freedom of effluvia, or to the over- 
crowding of a factory or workshop," would extend to the 
present Act. 

* The expression " bakehouse " means any place in which are 
baked bread, biscuits, or confectionery from the baking or selling 
of which a profit is derived. (Sec. 141.) 

t See sec. 117. 

J That is by application to, and order of, a Court of Sum- 
mary Jurisdiction. \Ve have already more than once explained 
the meaning of the term under the 42 & 43 Viet. c. 49. 

The factories subject to the provisions of the Factory and 
Workshops Act, 1878, and therefore exempted from the operation 
of this sub-section, are classed under two heads : textile and non- 
textile. The expression " textile factory " means " any premises 
wherein or within the close or curtilage of which steam, water, 
or other mechanical power is used to move or work any 
machinery employed in preparing, manufacturing, or finishing, 
or in any process incident to the manufacture of cotton, wool, 
hair, silk, flax, hemp, jute, tow, chiua, grass, cocoa-nut fibre, or 



64 THE PUBLIC HEALTH ACT, 1891. 

and to any workplace, in like manner as it applies to a 
workshop. 

26. Enactments respecting bakehouses. (1.) Sec- 
tions 34, 35, and 81 of the Factory and Workshop Act,* 

other like material, either separately or mixed together, or 
mixed with any other material, or any fabric made thereof : pro- 
vided that print works, bleaching and dyeing works, lace ware- 
houses, paper mills, flax scutel mills, rope works and hat works 
shall not be deemed to be textile factories. The expression 
" non-textile factory " in this Act means : 1. Any works, ware- 
houses, furnaces, mills, factories, or places named in part are 
of the fourth schedule to this Act (i.e., print works, bleaching 
and dyeing works, earthenware works, lucifer match works, per- 
cussion cap works, cartridge works, paper storing works, fustian 
cutting works, blast furnaces, copper mills, iron mills, foundries, 
metal and india-rubber works, paper mills, glass works, tobacco 
foundries, letter-press printing works, bookbinding works, and 
flax scutel mills). 2. Also any places named in part two of the 
said schedule (i.e., hat works, rope works, bakehouses, lace 
warehouses, ship-building yards, quarries, and pit banks), 
wherein or within the close or curtilage or precincts of which 
steam, water, or other mechanical power is used in aid of the 
manufacturing process carried on there. And (3) also any 
premises wherein or within the close or curtilage or precincts of 
which any manual labour is exercised by way of trade, or for 
the purposes of gain in or incidental to the following purposes 
or any of them ; that is to say, (a) in or incidental to the 
making of any article, or of part of any article, or (b) in or 
incidental to the altering, repairing, ornamenting or finishing 
of any article, or (c) in or incidental to the adapting for sale of 
any article, and wherein or within the close or curtilage or 
precincts, of which steam, water, or other mechanical power is 
used in aid of the manufacturing process carried on there. 

* Section 34 is (so far as material to our present purpose) 
as follows : " All the inside walls of the rooms of such bake- 
houses, and all the ceilings or tops of such rooms (whether such 
walls, ceilings, or tops be plastered or not), and all the passages 
and staircases of such bakehouse, shall either be painted with 
oil or varnished, or be limewashed, or be partly painted or 
varnished, and partly limewashed ; where painted with oil or 
varnished there shall be three coats of paint or varnish, and 
the paint or varnish shall be renewed once at least in every seven 
years, and shall be washed with hot water and soap once at 
least in every six months ; where lime-washed the lime-washing 
shall be renewed once at least in every six months." 

Section 35 provides (under a fine not exceeding twenty 



WORKSHOPS AND BAKEHOUSES. 65 

1878, and sections 15* and 16f of the Factory and 

shillings. for the first, and five pounds for subsequent offences) 
that a place on the same level as a bakehouse shall not be used 
as a sleeping place unless it is effectually separated from the 
bakehouse by a partition extending from the floor to the ceiling, 
and unless there be an external glazed window of at least nine 
superficial feet in area, of which at least 4J superficial feet are 
made to open for ventilation. 

Section 81 provides that if a factory or workshop is not kept 
in conformity with this Act the occupier shall be liable to a 
fine of ten pounds, in addition to, or instead of which, a court of 
summary jurisdiction may order certain means to be adopted by 
the occupier, within a time named, for the purpose of bringing 
the factory or workshop into conformity with the Act, with a 
fine not exceeding one pound for every day of iiou-compliance 
with the order after the expiration of the time named. 

* By this section no room or place which was not so let or 
occupied before June 1st, 1883, is to be occupied as a bakehouse 
unless the following regulations are complied with : (i.) No 
water-closet, earth-closet, privy, or ash-pit shall be within or 
communicate directly with the bakehouse (ii.) any cistern for 
supplying water to the bakehouse, shall be separate and distinct 
from any cistern supplying water to a water-closet, (iii.) No 
drain or pipe for carrying off foetid or sewage matter shall have 
an opening within the bakehouse in contravention of this section. 
Any person who lets or occupies a bakehouse in contravention 
of this section is liable on conviction to a fine not exceeding 
forty shillings, and a further fine not exceeding five shillings 
for every day during which any room or place is so occupied 
after a conviction. 

t " Where a court of summary jurisdiction is satisfied on the 
prosecution of an inspector or a local authority that any room 
or place used as a bakehouse (lohethcr the same was or was not 
so used before the passing of this Act) {i.e., 1883] is in such a 
state as to be, on sanitary grounds, unfit for use or occupation as 
a bakehouse, the occupier of the bakehouse shall be liable on 
summary conviction to a fine not exceeding forty shillings, and 
on a second or any subsequent conviction to a fine not exceeding 
five pounds. The court of summary jurisdiction in addition to or 
instead of inflicting such fine may order means to bo adopted to 
the occupier within the time named in the order for the purpose 
of removing the ground of complaint. The court may upon 
application enlarge the time so named ; but if, after the expira- 
tion of the time as originally named or enlarged by subsequent 
order, the order is not complied with, the occupier shall be 
| liable to a fine not exceeding one pound for every day that such 
non-compliance continues." 

F 



66 THE PUBLIC HEALTH ACT, 1891. 

Workshop Act Amendment Act, 1883 (which relate 
to cleanliness, ventilation, and other sanitary con- 
ditions), shall, as respects every bakehouse which is a 
workshop, be enforced by the sanitary authority of the 
district in which the bakehouse is situate, and they 
shall be the local authority within the meaning of 
those sections. 

(2.) For the purpose of this section, the provisions 
of this Act with respect to the admission of the sani- 
tary authority and their officers into any premises for 
any purpose in relation to nuisances* shall apply in like 
manner as if they were herein re-enacted and in terms 
made applicable to this section ; and every person 
refusing or failing to allow the sanitary authority or 
their officer to enter any premises in pursuance of 
those provisions for the purposes of this section shall 
be subject to a fine. 

27. Notice to factory inspector respecting child or 
woman in workshop. If any child, young person, or 
womanf is employed in a workshop, and the medical 
officer of the sanitary authority becomes aware thereof, 
he shall forthwith give written notice thereof to the 
factory inspector for the district. 

Dairies. 

28. Orders and regulations for dairies. (1.) The 
Local Government Board may make such general or 
special orders J as they may think fit for the following 
purposes, or any of them, that is to say, 

* See ante sec. 10 and post sec. 115. 

t By sec. 90 of the Factory and Workshops Act, 1878 " the 
expression ' child ' means a person under the age of fourteen 
years. The expression ' young person ' means a person of the 
age of fourteen years and under the age of eighteen years ; the 
expression ' woman ' means a woman of eighteen years of age and 
upwards." These definitions will no douht be adopted in the 
construction of the present clause ; hut there ought to have 
been an express provision on the subject. 

4. Orders made by the Privy Council on the 15th June, 1885, 
and on the 1st November, 1886, are at present in force. They 
will be found in Glen's Law of Public Health, 10th edition, 
p. 1288 and p. 1303. 



DAIRIES. 67 

(a.) for the registration with the County Council 
of all persons carrying on the trade of dairy- 
men ;* 

(&.) for the inspection of cattle in dairies, and 
for prescribing and regulating the lighting, 
ventilation, cleansing, drainage, and water 
supply of dairies in the occupation of persons 
carrying on the trade of dairymen ; 

(c.) for securing the cleanliness of milk-vessels 
iised for containing milk for sale by such per- 
sons ; 

(d.) for prescribing precautions to be taken for 
protecting milk against infection or contami- 
nation ; 

(e.) for authorising the County Council to make 
bye-laws for the purposes aforesaid, or any of 
them.t 

(2.) The County Council for the purpose of enforcing 
the said orders and any bye-laws made thereunder shall 
have the same right to be admitted to any premises J as 
a sanitary authority have under this Act for the pur- 
pose of examining as to the existence of a nuisance 
liable to be dealt with summarily, and the provisions 
of this Act shall apply accordingly as if they were 
herein re-enacted and in terms made applicable to this 
section, and in particular with the substitution of the 
County Council for the sanitary authority. 

(3.) The Local Government "Board may by any such 
order impose the like fines for offences against orders 
made under this section as may be imposed for offences 

* For the definition of "dairy" and dairyman see post sec. 
141. " Dairy " includes any farm, farm-house, cowshed, milk- 
store, milk-shop, or the place from which milk is supplied, or 
in which milk is kept for purposes of sale. "Dairyman" in- 
cludes any cowkeeper, purveyor of milk, or occupier of a dairy. 

+ But this is, of course, subject to sec. 133 (6), which pro- 
vides that " the bye-laws made by the County Council under this 
Act shall not extend to the City." As to the making of bye- 
laws see post sec. 114. 

J Ante sec. 10 &nd.post sec. 115. 

p 2 



68 THE PUBLIC HEALTH ACT, 1891. 

against the bye -laws of a sanitary authority under this 
Act.* 

(4.) In the application of this section to the City of 
London, the mayor, commonalty, and -citizens of the 
city acting by the council shall be substituted for the 
County Council, and their expenses in the execution of 
this section shall be paid out of the consolidated rate. 

Removal of Refuse. 

29. Duty of sanitary authority to clean streets. 
(1.) It shall be the duty of every sanitary authority to 
keep the streetsf of their district, which are repairable 
by the inhabitants at large, including the footways, 
properly swept and cleansed so far as is reasonably 
practicable, and to collect and remove from the said 
streets, so far as is reasonably practicable, all street 
refuse.! 

(2.) If any such street in the district of any sanitary 
authority, including the footway, is not properly swept 

* See sec. 114 and sees. 182 and 186 of the Public Health 
Act, 1875, incorporated in this Act by schedule I., post, p. 175. 

t The expression "street" includes any highway and any 
public bridge, and any road, lane, footway, square, court, alley, 
or passage, whether a thoroughfare or not, and whether or not 
there are houses in such street ; sec. 141. 

J The expression " street refuse " means dust, dirt, rubbish, 
mud, road scrapings, ice, snow, and filth (sec. 141). It will be 
observed that this definition does not include any " trade 
refuse " (as to which see our note () on the next section) which 
may be thrown into the street. It would, therefore, appear 
that the sanitary authority would not under the latter part 
of the sub-section be bound " to collect and remove " such 
refuse ; but on the other hand, if they leave such refuse 
in the street it is equally difficult to see how they can be said 
to comply with the earlier part of the sub-section which requires 
them to keep the street properly " cleansed and swept." It is 
not, therefore, at all easy to place a consistent construction 
upon the sub-section taken as a whole. One would have thought 
the proper provision would have been one requiring the sanitary 
authority, in the interest of the public, to remove all rubbish 
from a street, and at the same time giving them a right to take 
summary proceedings against any one throwing trade refuse 
into the street. 



REMOVAL OF REFUSE. OV 

and cleansed or the street refuse is not collected and 
removed from any such street, so far as is reasonably 
practicable, as required by this section, the sanitaiy 
authority shall be liable to a fine not exceeding twenty 
pounds.* 

(3.) So much of any Act as requires the occupier or 
owner of any premises in London to cause the footways 
and watercourses adjoining the premises to be swept 
and cleansed is hereby repealed. t 

30. Removal of house refuse. (1.) It shall be the 
duty of every sanitary authority 

(a.) to secure the due removal at proper periods 
of house refuse from premises, J and the due 

* As the section does not in any way limit the right to take 
proceedings against a sanitary authority it will be open to any 
member of the public to move in the matter. Whatever fine 
may be imposed on the sanitary authority and recovered under 
sec. 117, must be paid to the County Council under sec. 119 ; but 
it does not appear that the default of a sanitary authority to per- 
form their duty under this section is one of the cases in which 
the County Council can take action under sec. 100, though they 
might make it the subject of complaint to the Local Govern- 
ment Board under sec. 101, and might, perhaps, with the sanc- 
tion of the Local Government Board (see 117 (3) ), take proceed- 
ings to obtain the imposition of a fine upon sub-section 2 of 
the present section. 

t This is a new, and, we need hardly say, most important pro- 
vision. Under several Acts of Parliament the duty of sweeping 
and cleansing the footways and water-courses adjacent to the 
premises was thrown on the occupier, or if the premises were 
unoccupied, upon the owner ; and there was a special liability 
with respect to the removal of snow. But from the time this 
Act comes into operation, that is to say on the 1st January 
next, all those statutes will stand repealed; and the whole 
responsibility of keeping clear the footways as well as the road- 
ways will be thrown upon the sanitary authorities of the metro- 
polis. As to who those sanitary authorities are in each district see 
sec. 99. 

J " The expression ' premises ' includes messuages, buildings, 
lands, easements and hereditaments of any tenure, whether 
open or enclosed, whether built on or not, and whether public 
or private, and whether maintained or not under statutory 
authority ; " sec. 141. 

The expression " house refuse " means ashes, cinders, 



70 THE PUBLIC HEALTH ACT, 1891. 

cleansing out and emptying at proper periods 
of ash-pits, and of earth-closets, privies, and 
cesspools (if any), in their district, and the 
giving of sufficient notice of the times 
appointed for such removal, cleansing out, 
and emptying, and 

(&.) where the house refuse ^s not removed from 
any premises in the district at the ordinary 
period, or any ash-pit,* earth-closet, privy, or 
cesspool in or under any building in the dis- 
trict is not cleansed out or emptied at the 
ordinary period,t and the occupier of the pre- 
mises serves on the authority a written notice J 
requiring the removal of such refuse, or 
the cleansing out and emptying of the ash-pit, 

breeze, rubbish, night soil, and filth, but does not include trade 
rubbish (sec. 141). What, then, is trade rubbish ? The answer 
is supplied by the same section, which provides that " trale 
refuse " means the refuse of any trade, manufacture or business, 
or of any building materials." It was, however, very recently 
decided on similar words in another Act that the clinkers in the 
furnaces of the boilers of a large hotel (the Hotel Metropole, in 
fact) were not " trade " refuse, although these boilers were used 
for raising steam for various purposes, and that the vestry were 
therefore obliged to remove the clinkers. Vestry of St. Martin's 
v. Gordon, 60 L. J. M.C. 37. On the other hand, it must not 
be supposed that " house refuse " includes all the miscel- 
aneous rubbish which is apt to accumulate in a house. It 
was held, for instance, in Collins v. the Vestry of Paddington, 
48 L.J. Q.B. 345, that the vestry were not bound to remove 
broken glass, old shoes, and similar articles placed in the dust- 
bins. Constant disputes, as no doubt most of our readers 
know, arise on this point, and are made, sometimes with and 
sometimes without reason, the pretence for exacting " tips " 
to the dust collectors from the unfortunate householder. And 
we fear that this clause will fall far short of preventing such 
disputes in future, though it is possible that sub-section 3 may 
go some way towards checking demands in respect of the re- 
moval of them which is indisputably "house" refuse. 

* " The expression ' ash-pit ' means any ash-pit, dust-bin, 
ash-tub, or other receptacle for the deposit of ashes or refuse 
matter ;" sec. 141. 

t That appears from sec. 34 to be seven days. 

I See post, sec. 128(2). 



REMOVAL Otf KEFITSE. 71 

earth-closet, privy, or cesspool, as the case 
may be, to comply with such notice within 
forty-eight hours after that service, exclusive 
of Sundays and public holidays. 

(2.) If a sanitary authority fail without reasonable 
cause to comply with this section, they shall be liable 
to a fine not exceeding twenty pounds.* 

(3.) If any person in the employ of the sanitary 
authority, or of any contractor with the sanitary 
authority, demands from an occupier or his servant 
any fee or gratuity for removing any house refuse from 
any premises, he shall be liable to a fine not exceeding 
twenty shillings.f 

31. Sanitary authority to appoint scavengers. 
Eveiy sanitary authority shall employ a suificient 
number of scavengers, or contract with any scaven- 
gers, whether a company or individuals, for the execu- 
tion of the duties of the sanitary authority under this 
Act with respect to the sweeping and cleansing of the 
several streetsj within their district, and the collection 
and removal of street refuse and house refuse, and the 
cleansing out and emptying of ash-pits, earth-closets, 
privies, and cesspools. 

32. Disposal of refuse. All street refuse and 
house refuse collected by or on behalf of a sanitary 
authority shall be the property of that authority, and 
the authority shall have full power to sell and dispose 
of the same for the purposes of this Act as they may 
think proper, and the person purchasing the same 
shall have full power to take, carry away, and dispose 
of the same for his own use, and the money arising 

* Our note (*) on the last section, ante, p. G9, will be equall 
applicable to this sub-section. 

t See sec. 117. 

J That is, under sec. 29, streets "repairable by the inhabitants 
at large." It is unnecessary to repeat the definitions of other 
terms used in the sections which we have quoted in our notes to 
the two last sections from sec. 141. 



72 THE PUBLIC HEALTH ACT, 1891. 

from the sale thereof shall be applied toward defraying 
the expenses of the execution of this Act.* 

33. Owners, &c. to pay for removal of refuse of 
trades. (1.) If the sanitary authority are required by 
the owner or occupier of any premises to remove any 
trade refuse,f that authority shall do so, and the owner 
or occupier shall pay to that authority a reasonable 
sum for such removal, and such sum, in case of 
dispute, shall be settled by the order of a petty 
sessional court. 

(2.) If any dispute or difference of opinion arises 
between the owner or occupier and the sanitary 
authority as to what is to be considered as trade re- 
fuse, a petty sessional court, | on complaint made by 
either party, may by order determine whether the 
subject matter of dispute is or is not trade refuse, and 
the decision of that court shall be final. 

34. Provision on neglect of scavengers to remove 
dust. (1.) If the sanitary authority, or any persons 
employed by them, neglect for the space of seven days 
to remove all such house refuse as they are required 
by or in pursuance of this Act to remove, then an 
occupier of premises (after twenty-four hours' notice|| 
given by him to the sanitary authority requiring them 
to remove the same) may, without prejudice to any 
other proceeding under this Act, give away or sell his 
house refuse; and any person who in pursuance of 

* Section 103 prescribes the manner in which, and the fund 
out of which, the expenses of the sanitary authorities under 
this Act shall, save as otherwise in the Act mentioned, be de- 
frayed. 

t See note (), ante p. 70. It will be observed that it is 
imperative upon the sanitary authority to remove trade refuse 
if required to do so. 

J As to what is a petty sessional court see ante, note to 
sec. 5 (8). 

That is upon the question of fact ; but the petty sessional 
court may be required to state a case for the opinion of the High 
Court if a point of law shall arise. 

|| See sec. 127 ; and sec. 128 (2). 



REMOVAL OF EEFUSE. 73 

such gift or sale removes the said house refuse shall 
not be liable to any fine for so doing. 

(2.) Save as aforesaid, if any person other than the 
sanitary authority or their contractors or servants re- 
ceives, carries away, or collects any house refuse or 
street refuse from any premises or street, such person 
shall be liable to a fine not exceeding five pounds.* 

35. Removal of filth on requisition of sanitary in- 
spector. (1.) Where it appears to a sanitary inspector 
that any accumulation of any obnoxious matter, 
whether manure, dung, soil, filth, or other matter, 
ought to be removed, and it is not the dutyf of the 
sanitary authority to remove the same, he shall serve 
notice^ on the owner thereof, or on the occupier of the 
premises on which it exists, requiring him to remove 
the same ; and if the notice is not complied with 
within forty-eight hours from the service thereof, 
exclusive of' Sundays and public holidays, the matter 
referred to shall be the property of the sanftary 
authority, and be removed and disposed of by them, 
and the proceeds (if any) of such disposal shall be 
applied in payment of the expenses incurred with 
reference to the matter removed, and the surplus (if 
any) shall be paid on demand to the former owner of 
the matter. 

(2.) The expenses of such removal and disposal, so 
far as not covered by such proceeds, may be recovered 
by the sanitary authority in a summary manner from 
the former owner of the matter removed, or from the 
occupier, or, where there is no occupier, the owner, of || 
the premises. 

36- Removal of refuse from stables, cowhouses, &c. 
(1.) The sanitary authority, if they think fit, may 

* This fine will be enforcefl under sec. 117. 
t That is to say, under sees. 29, 30, and 33, ante. 
J As to the service, etc., of notices, see sees. 127 and 128. 
That is in a court of summary jurisdiction. 
|| As to the person to be proceeded against as " owner " see 
sec. 141, post, p. 1G9. 



74 THE PUBLIC HEALTH ACT* 1891, 

employ a sufficient number of scavengers, or contract 
with the scavengers, whether a company or individuals, 
for collecting and removing the manure and other 
refuse matter from any stables and cowhouses within 
their district, the occupiers of which signify their con- 
sent in writing to such removal ; provided that 

(a.) such consent shall not be withdrawn or re- 
voked without one month's previous notice* to 
the sanitary authority, and 

(6.) no person shall be hereby relieved from any 
finef to which he may be subject for placing 
dung or manure upon any footways or 
carriageways, or for having any accumula- 
tion or deposit of manure or other refuse 
matter so as to be a nuisance or injurious or 
dangerous to health. 

(2.) Notice may be given to a sanitary authority 
(by*"public announcement in the district or otherwise) 
requiring the periodical removal of manure or other 
refuse matter from stables, cowhouses, or other pre- 
mises, and where any such notice has been given, if 
any person to whom the manure or other refuse matter 
belongs fails to comply with the notice, he shall be 
liable without further notice to a fine not exceeding 
twenty shillings for each day during which such non- 
compliance continues. | 

* As to the manner in which this notice must be given see 
sec. 128. 

t The present Act contains no provision imposing a fine for 
placing or leaving dung or manure or refuse, whether " house " 
or " trade," upon the footways or carriage-ways. But this 
omission will no doubt be supplied by bye-laws, which every 
sanitary authority is, under sub-section 1 (a) of sec. 16, ante, 
bound to make for the prevention of nuisances arising from 
" any snow, ice, salt, dust, ashes, rubbish, offal, carrion, fish, or 
filth, or any other matter or thing in any street." 

The fine will be recoverable under sec. 117. Of course, if 
the accumulation, etc., amounts to a nuisance, or is injurious 
to health, the person causing it or responsible for it, may also 
be proceeded against under sec. 2. 



REGULATIONS AS TO WATEH-CLdSETS, ETC. 75 

Regulations as to Water-closets, &c. 

37. Obligation to provide water-closets, &c.- (1.) It 
shall not be lawful newly to erect any house or to 
rebuild any house pulled down to or below the ground 
floor without a sufficient ash-pit furnished with proper 
doors and coverings, and one or more proper and 
sufficient water-closets, according as circumstances may 
require,* furnished with suitable water supply and 
water supply apparatus, and with suitably trapped 
soilpan and other suitable works and arrangements, so 
far as may be necessary to ensure the efficient opera- 
tion thereof. 

(2.) If any person offends against the foregoing 
enactment of this section he shall be liable to a fine 
not exceeding twenty pounds.f 

(3.) If at any time it appears to the sanitary autho- 
rity that any house, whether built before or after the 
commencement of this Act, is without such ashpitj or 
water-closets as aforesaid, the sanitary authority shall 

* This sub-section must be read in connection with sub- 
section 4 of the present clause. The effect of the two taken to- 
gether is to make the construction of water-closets compulsory, 
unless " sewerage or water supply is not reasonably available." 
Whether this excuse or exception is made out will be a question 
of fact for the court of summary jurisdiction, in case proceed- 
ings are taken to recover the penalty set forth in sub-section 2 
of the present clause. But if the sanitary authority, instead of 
proceeding to recover a penalty for the non-construction of 
water-closets under the present sub-section, should, under sub- 
section 3, enter upon the premises, do the work themselves, and 
charge the expense against the owner of the house, the only 
remedy or protection which the owner will have against an un- 
just or oppressive order lies (under sub-section 5) in an appeal 
to the County Council, " whose decision shall be final." 

t Sec sec. 117. Of course, if a nuisance is created by the 
absence of any of the matters or things enumerated in the pre- 
vious sub-section creating a nuisance, proceedings may also be 
taken under sec. 2, ante. And the absence of proper water- 
fittings for water-closets might render the house " unfit for 
human habitation" under sec. 4, and therefore the subject for 
a closing order under sec. 5. 

For definition of " house " and " ash-pit," see sec, 141. 



76 THE PUBLIC HEALTH ACT, 1891. 

cause notice* to be served on the owner or occupier of 
the house, requiring him forthwith, or within such 
reasonable time as is specified in the notice, to provide 
the same in accordance with the directions in the 
notice ; and, if the notice is not complied with, the 
said owner or occupier shall be liable to a fine not 
exceeding five pounds, and a further fine not exceeding 
forty shillings! for each day during which the offence 
continues ; or the sanitary authority, if they think fit, 
in lieu of proceeding for a fine, may enter on the pre- 
mises and execute such works as the case may require, 
and may recover the expenses incurred by them in so 
doing from the owner of the house. 
(4.) Provided that 

(a.) where sewerage or water supply sufficient for 
a water-closet is not reasonably available, this 
section shall be complied with by the pro- 
vision of a privy or earth-closet ; and 
(6.) where a water-closet has before the commence- 
ment of this Act been and is used in common 
by the inmates of two or more houses, and in 
the opinion of the sanitary authority may 
continue to be properly so vised, they need 
not require a water-closet to be provided for 
each house. 

(5.) Any person who thinks himself aggrieved by 
any notice or act of a sanitary authority under this 

* As to the service, etc., of notice, sec post, sees. 127 and 128. 
If the notice is given to the " owner," careful attention must be 
paid to the definition of " owner" on sec. 141. If the occupier 
or owner upon whom the notice is served think themselves 
aggrieved thereby, they may appeal, under sub-section 5, to the 
County Council ; but if they do not so appeal, and are then pro- 
ceeded against under this sub-section for a penalty in respect of 
non-compliance with the order of the sanitary authority, the 
court of summary jurisdiction will have no power to review 
the order of the sanitary authority or question its propriety ; all 
that it will have, or be entitled, to consider, will be whether or 
no the notice has in fact been complied with. 

t Recoverable under sec. 117. 



REGULATIONS AS TO WATER-CLOSETS, ETC. 77 

section may appeal to the County Council,* whose 
decision shall be final. 

38. Sanitary conveniences for manufactories, &c. 
(1.) Every factory, workshop, and workplace, f whether 
erected before or after the passing of this Act, shall be 
provided with sufficient and suitable accommodation in 
the way of sanitary conveniences^ regard being had to 
the number of persons employed in or in attendance 
at such building, and also where persons of both sexes 
are, or are intended to be, employed, or in attendance, 
with proper separate accommodation for persons of 
each sex. 

(2.) Where it appears to a sanitary authority that 
this section is not complied with in the case of any 
factory, workshop, or workplace, the sanitary authority 
shall, by notice served on the owner || or occupier of 
such factory, workshop, or workplace, require him to 
make the alterations and additions necessary to secure 
such compliance, and if the person served with such 
notice fails to comply therewith he shall be liable to a 
fine not exceeding twenty pounds, and to a fine not 
exceeding forty shillings for every day after conviction 
during which the non-compliance continues.^ 

39. Bye-laws as to water-closets, &c. (1.) The 
County Council shall make bye-laws** with respect to 

* That is to say, he may do so, except in the City of London. 
But by soc. 133 there is no appeal from the Commissioners of 
Sewers (who are the sanitary authority for the City) to the 
County Council. As to the mode of presenting an appeal to the 
County Council, see sec. 126 and the provisions of the Metropoli 
Management Act, 1855, incorporated with the present by 
Schedule I., post, p. 173. 

t See our notes upon sec. 25, ante, p. 62. 

The expression " sanitary conveniences " includes urinals, 
water-closets, earth-closets, privies, and any similar con- 
veniences. 

See sees. 127 and 128. 

|| See sec. definition of owner, 141. 

If Recoverable under sec. 117. 

** Not only must these bye-laws and those referred to in the 
next sub-section be made (in accordance with sec. 114) by the 



78 THE PUBLIC HEALTH ACT, 1891. 

water-closets, earth-closets, privies, ash-pits, cesspools, 
and receptacles for dung, and the proper accessories 
thereof in connection with buildings, whether con- 
structed before or after the passing of this Act. 

(2.) Every sanitary authority shall make bye-laws 
with respect to the keeping of water-closets supplied 
with sufficient water for their effective action. 

(3.) It shall be the duty of every sanitary authority 
to observe and enforce the bye-laws under this section ; 
and any directions given by the sanitary authority 
under this Act shall be in 'accordance with the said 
bye-laws, and so far as they are not so in accordance 
shall be void. 

40. Poicer for sanitary authority to authorise exam- 
ination of water-closets, &c. (1.) The sanitary autho- 
rity may examine any of the following works, that is 
to say, any water-closet, earth-closet, privy, ash-pit; or 
cesspool, and any water supply, sink, trap, syphon, 
pipe, or other works or apparatus connected therewith, 
upon any premises within their district, and for that 
purpose, or for the purpose of acertaining the course 
of a drain, may at all reasonable times by day, after 
twenty-four hours' notice has been served on the occu- 
pier of the premises, or if they are unoccupied on the 
owner, or in case of emergency without notice, enter 
on any premises, and cause the ground to be opened in 
any place they think fit, doing as little damage as may 
be> 

county council and sanitary authority respective!}', but they 
must be submitted for the sanction of the Local Government 
Board not later than July 1st, 1892 (sec. 142 (3)). Moreover, 
the county council must, under sec. 114 (2), submit a copy of 
any bye-laws they make to the sanitary authority, by whom 
they are to be enforced, two months before they are laid before 
the Local Government Board for confirmation. The bye-laws of 
the county council will not apply to the City of London 
(sec. 133). 

* For the meaning of the terms "owner," "premises," and 
" ash-pit," see sec. 141. As to notice see sees. 127 and 128, and 
as to the entry upon the premises, see sec. 115. 



BEOULATIONS AS TO WATER-CLOSETS, ETC. 79 

(2.) If any such work as aforesaid is found on 
examination to be in accordance with this Act and the 
bye-laws of the County Council and sanitary authority* 
and directions of the sanitary authority given in any 
notice under this Act, and in proper order and condi- 
tion, the sanitary authority shall cause the same to be 
reinstated and made good as soon as may be, and shall 
defray the expenses of examination, reinstating, and 
making good the same, and pay full compensation for 
all damages or injuries done or occasioned by the 
examination ; but if on examination any such work is 
found not to be in proper order or condition, or not to 
have been made or provided by any person according 
to the said bye-laws and directions, or to be contrary 
to this Act. the reasonable expenses of the examination 
shall be repaid to the sanitary authority by the person 
offending, and may be recovered by that authority in a 
summary manner.t 

41. Penalty on persons improperly making or alter- 
ing water-closets, <fce. (1.) In any of the following 
cases 

(a.) if, on such examination as in the preceding 
section mentioned, any such work as therein 
mentioned is found not to have been made or 
provided by any person according to the bye- 
laws of the County Council and sanitary 
authority, and the directions of the sanitary 
authority given in any notice under this Act, 
or to be contrary to this Act, or 

* See the last section (39). 

t This sub-section is rather one-sided in its operation. If the 
sanitary authority are entitled under the latter part of this 
sub-section to recover their expenses from an offending owner 
or occupier, they may enforce their claims in a summary 
manner, or, in other words, by application to a court of summary 
jurisdiction; but if the owner or occupier is entitled to "full 
compensation" under the former part of the sub-section, no 
such remedy is open to him ; his only course will be to bring an 
action against the sanitary authority, if they refuse to satisfy 
his claim. 



THE PUBLIC HEALTH ACT, 1891. 

(&.) if a person, without the consent of the sani- 
tary authority, constructs or rebuilds any 
water-closet, earth-closet, privy, ash-pit, or 
cesspool which has been ordered by them 
either not to be made, or to be demolished, 
or 

if . , 

without lawful authority, or 

(d) if a person destroys any sink, trap, syphon, 
pipe, or any connected works or apparatus as 
aforesaid either without lawful authority or 
so that the destruction creates a nuisance or 
is injurious or dangerous to health, 

every person so offending shall be liable to a fine not 
exceeding ten pounds;! and if he does not, within 
fourteen days after notice is served on him by the 
sanitary authority, or within any further time allowed 
by that authority or appearing to a petty sessional 
court necessary for the execution of the works, cause 
such water-closet, earth-closet, privy, ash-pit, or cesspool 
to be altered or reinstated in conformity with the said 
bye-laws and directions, J or, as the case may be, to be 
demolished, or such water supply to be renewed, or 
such sink, trap, syphon, pipe or other connected works 
or apparatus to be restored, such person shall be liable 
to a fine not exceeding twenty shillings for each day 
during which the offence continues ; or the sanitary 
authority, if they think fit, in lieu of proceeding for a 

* It is provided by the Interpretation Act, 1889 (52 & 53 Viet. 
c. 63, sec. 2), that " in the construction of every enactment 
relating to an offence punishable on an indictment or on sum- 
mary conviction . . . the expression ' person ' shall, unless the 
contrary intention appears, include a body corporate." That 
being so, it is clear that under this paragraph proceedings may 
be taken against a water company which illegally cuts off the 
supply of water to a house or premises. 

t See sec. 117 as to the recovery of this fine and the one 
mentioned lower down. As to the "petty sessional" court by 
which the fine may be imposed see sec. 5. 

J As to these " directions " see ante, sec. 39 (3). 



REGULATIONS AS TO WATER-CLOSETS, ETC. 81 

fine, may enter on the premises and cause the work to 
be done, and the expenses thereof shall be paid by the 
person who has so offended.* 

(2.) If, on such examination as aforesaid, any water- 
closet, earth-closet, privy, ash-pit, or cesspool, or any 
water supply, sink, trap, syphon, pipe, or any of the 
connected works or apparatus as aforesaid, appears to 
be in bad order and condition, or to require cleansing, 
alteration, or amendment, or to be filled up, the sani- 
tary authority shall cause noticef to be served on the 
owner or occupier of the premises, upon or in respect 
of which the inspection was made, requiring him forth- 
with, or within a reasonable time specified in the notice, 
to do what is necessary to place the work in proper 
order and condition ; and if such notice is not complied 
with, the said owner or occupier shall be liable to a 
fine not exceeding five pounds, and to a further fine 
not exceeding forty shillings for each day during 
which the offence continues ; or the sanitary authority, 
if they think fit, in lieu of proceeding for a fine, may 
enter on the premises and execute the works, and the 
expenses incurred by them in so doing shall be paid 
to them by the owner or occupier of the premises. J 

(3.) Any person who thinks himself aggrieved by 
any notice or act of a sanitary authority under this 
section in relation to any water-closet, earth-closet, 
privy, ash-pit, or cesspool, may appeal to the County 
Council, whose decision shall be final. 

* These expenses will be recoverable under sec. 117 either in 
the manner directed by the Summary Jurisdiction Act, or by 
an action in the county court. 

f See, as to notice, sees. 127 and 128 ; and as to the fine see 
sec. 117. 

J They may be recovered in either of the modes pointed out 
in sec. 117 ; and under sec. 121, even if the claim, be against 
the owner, the amount may under sec. 121 be recovered from 
the occupier to the extent of any rent " which either is for the 
time being due from him, or which after demand from him of 
such costs and expenses and notice not to pay any rent without 
deducting the same becomes payable by him." 

With reference to appeals to the County Council, see post, 



82 THE PUBLIC HEALTH ACT, 1891. 

42. Improper construction or repair of water-closet 
or drain. If a water-closet or drain is so constructed 
or repaired as to be a nuisance or injurious or dangerous 
to health the person who undertook or executed such 
construction or repair* shall, unless he shows that such 
construction or repair was not due to any wilful act, 
neglect, or default, be liable to a fine not exceeding 
twenty pounds :f 

Provided that where a person is charged with an 
offence under this section he shall be entitled, upon 
information duly laid by him, to have any other person, 
being his agent, servant, or workman, whom he charges 
as the actual offender, brought before the court j at the 
time appointed for hearing the charge, and if he proves 
to the satisfaction of the court that he had used due 
diligence to prevent the commission of the offence, and 
that the said other person committed the offence with- 
out his knowledge, consent, or connivance, he shall be 
exempt from any fine, and the said other person may 
be summarily convicted of the offence. 

43. Sanitary authority to cause offensive ditches, 
drains, &c., to be cleansed or covered. (I.) Every sani- 
tary authority 

(a.) shall drain, cleanse, cover, or fill up, or cause 
to be drained, cleansed, covered, or filled up, 
all ponds, pools, open ditches, drains, and 
places containing or used for the collection of 
any drainage, filth, water, matter, or thing of 

sec. 126. It is almost unnecessary again to add that there is no 
appeal to the County Council from the City Commissioners of 
Sewers (sec. 133). 

* That is the employer or master with whom the contract for 
the construction or repairs was made. 

t See sec. 117. 

J That is before the court of summary jurisdiction, before 
which the proceedings for the recovery of fine is pending. If 
an employer who is summoned under this section thinks that 
lie can defend himself under the proviso he should lay an m- 
forniatioii against his agent, servant, or workman as soon as may 
be after the receipt of the summons to himself. 



REGULATIONS AS TO WATER-CLOSETS, ETC. oS 

au offensive nature, or likely to be prejudicial 
to health, which may be situate in their dis- 
trict ;* and 

(6.) shall cause noticef to be served on the person 
causing any such nuisance, or on the owner or 
occupier of any premises whereon the same 
exists, requiring him, within the time specified 
in such notice, to drain, cleanse, cover, fill 
up such pond, pool, ditch, drain, or place, or 
to construct a proper drain for the discharge 
of such filth, water, matter, or thing, or to 
execute such other works as the case may 
require. 

(2.) If the person on whom such notice is served 
fails to comply therewith, he shall be liable to a fine not 
exceeding five pounds, and a further fine not exceeding 
forty shillings^ for each day during which the offence 
continues ; or the sanitary authority, if they think fit, 
in lieu of proceeding for a fine, may enter on the 
premises and execute such works as may be necessary 
for the abatement of the nuisance, and may recover 
the expenses thereby incurred from the owner of the 
premises : Provided that 

(.) the sanitary authority, where they think it 
reasonable, may defray all or any portion of 
the said expenses, as expenses of sewerage 
are to be defrayed by that authority ; and 

* Sub-section 2 gives them the requisite power to enter upon 
the premises. 

t As to "notice," see sees. 127 and 128. "Owner" and 
"premises " are defined in sec. 141. 

The fines will he recoverable under sec. 117. As to the 
" expenses " sec our note (+) upon sec. 41. 

That is out of a sewers rate imposed under the Metropolis 
Local Management Act, 1885 (18 & 19 Viet. c. 120). By sec. 
101 of that Act it is provided that the vestries or district hoards 
who are the sanitary authorities under this Act are " to levy a 
separate rate in respect of each sum ordered to be levied for 
defraying expenses connected with sewerage, to be called a 
sewers rate." 

G 2 



84 THE PUBLIC HEALTH ACT, i89l. 

(6.) where any work which a sanitary authority 
does or requires to be done in pursuance of 
this section interferes with or prejudicially 
affects any ancient mill, or any right connected 
therewith, or other right to the use of water, 
the sanitary authority shall make full com- 
pensation to all persons sustaining damage 
thereby, in manner provided by the Metropolis 
Management Act, 1855,* or if they think lit, 
may purchase such mill, or any such right 
connected therewith, or other right to the vise 
of water ; and the provisions of the said Act 
with respect to purchases by the sanitary 
authority shall be applicable to every such 
purchase as aforesaid.f 

(3.) Any person who thinks himself aggrieved by any 
notice or act of a sanitary authority under this section 
in relation to the construction, covering, filling up, or 
other alteration of any drain may appeal to the County 
Council, whose decision shall be final, j 

44. Power to sanitary authority to provide public 
conveniences. (1.) Every sanitary authority may pro- 
vide and maintain public lavatories and ash-pits and 

* The clauses of that Act relating to compensation are sees. 
225 and 226. They provide a mode by which the amount may 
be settled and recovered by summary proceedings before two 
justices or a metropolitan police magistrate whenever the 
claim does not exceed 50; if it exceeds that amount arbitration 
under the Lands Clauses Consolidation Act, 1845, must be 
resorted to. 

t That is to say, sees. 150 to 153. 

I See sec. 126, post. There is no such appeal from the City of 
London (sec. 133). 

Curiously enough, although clause 141 contains definitions 
of " ash-pit " and " public sanitary conveniences," it leaves us 
to place our own interpretation upon the word " lavatories," 
which must evidently refer to something other than, or in 
addition to, the things included in " public sanitary con- 
veniences." We suppose that it means a place where there are 
basins or other vessels in which the face and hands may bo 
washed. 



REGULATIONS AS TO WATER-CLOSETS, ETC. 85 

public sanitary conveniences other than privies, in 
situations where they deem the same to be required,* 
and may supply such lavatories and sanitary con- 
veniences with water, and may defray the expense of 
providing such lavatories,- ash-pits, and sanitary con- 
veniences, and of any damage occasioned to any person 
by the erection or construction thereof, and the expense 
of keeping the same in good order, as if they were 
expenses of sewerage. 

(2.) For the purpose of such provision the subsoil 
of any road, exclusive of the footway adjoining any 
building or the curtilage of a building, shall be vested 
in the sanitary authority.! 

* As to expenses of sewerage see note () to sec. 43, ante, p. 82. 
Although sauitary authorities are by this section empowered to 
provide and maintain, lavatories, ash-pits, and public con- 
veniences, they are not authorized to do this in such a manner 
as to create a nuisance. It was held by the Court of Appeal 
upon similar words in the Metropolis Local Management Act, 
1855, that "as the erection of an urinal was not necessarily a 
nuisance, the provisions of the Act authorising the vestry to 
erect urinals do not empower them to erect one where it will be 
a nuisance to the owners of adjoining property, there being no 
words in the Act which expressly or by necessary implication 
authorised them to create a nuisance. Vcrnon v. Vestry of St. 
Paul's, Westminster, L.R. 16 Ch. D. 449. 

f By the Metropolis Local Management Act, 1855 (18 & 19 
Viet. c. 120, sec. 96), the streets of the Metropolis being high- 
ways are vested in, and are to be under the management and 
control of the vestries or district boards of the districts in which 
they are situate. The effect of that was not to convey the 
property in the soil of the street to the vestries, but merely to 
vest in them such an interest in or control over the surface of 
the street, and the soil immediately below the surface, as was 
necessary for the making and maintaining of the streets for the 
use of the public as a street. It is clear that this is not such an 
interest as would warrant or justify them in excavating to a 
considerable depth below the surface for the construction of an 
underground urinal. Under this sub-section the interest in the 
soil necessary for this purpose will be vested in them. That is 
evidently its object. It will be observed that it gives tho 
sanitary authority no power to excavate the sub-soil under 
" a footway adjoining any building." 



86 THE PUBLIC HEALTH ACT, 1891. 

45. Regulations as to public sanitary conveniences. 
(1.) Where a sanitary authority provide and main- 
tain any public lavatories, ash-pits, or sanitary con- 
veniences, such authority may 

(a.) make regulations with respect to the manage- 
ment thereof, and bye-laws* as to the decent 
conduct of persons using the same ; and 

(&.) let the same for any term not exceeding three 
years at such rent and subject to such condi- 
tions as they may think fit ;f and 

(c.) charge such fees for the use of any lavatories 
or water-closets provided by them as they may 
think proper. 

(2.) No public lavatory, ash-pit, or sanitary con- 
venience shall be erected in or accessible from anv 
street without the consent in writing of the sanitarv 
authority, who may give their consent upon such terms 
as to the use thereof or the removal thereof at any 
time, if required by the sanitary authority, as they may 
think fit. 

(3.) If any person erects a lavatory, ash-pit, or sani- 
tary convenience in contravention of this section, and 
after notice to that effect served by the sanitary 
authority does not remove the same, he shall be liable 
to a fine not exceeding five pounds, and to a fine not 
exceeding twenty shillings for every day during which 
the offence continues after a conviction for the offence. + 

(4.) Nothing in this section shall extend to any 

* As to bye-laws, see sees. 114 and 142 (3). Bye-laws as they 
affect the public must be submitted for the sanction of the 
Local Government Board. This is unnecessary in the case of 
regulations which prescribe rules for the conduct of the officers 
or servants of the sanitary authority. 

f- Although no limitation is imposed upon the power of the 
sanitary authority under this sub-section, it may be presumed 
that it will be one term of the letting (except under some very 
peculiar and exceptional circumstances);- that the lessee should 
not charge fees except in the cases where the sanitary authority 
themselves are by the next sub-section authorised to do so. 

J See sec. 117. 



REGULATIONS AS TO WATER-CLOSETS, ETC. 87 

lavatory or sanitary convenience now or hereafter 
erected by any railway company within their railway 
station yard or the approaches thereto. 

46. Sanitary conveniences used in common. The 
following provisions shall have effect with respect to 
any sanitary convenience* used in common by the occu- 
piers of two or more separate dwelling-houses, or by 
other persons : 

(1.) If any person injures or improperly fouls 
any such sanitary convenience, or anything 
used in connection therewith, he shall for ' 
each offence be liable to a fine not exceeding 
ten shillings ; 

(2.) If any such sanitary convenience or the 
approaches thereto, or the walls', floors, 
seats, or fittings thereof, is or are in the 
opinion of the sanitary authority or of their 
sanitary inspector or medical officer of health 
in such a state as to be a nuisance or 
annoyance to any inhabitant of the district 
for want of the proper cleansing thereof, 
such of the persons having the use thereof 
in common as may be in default, or, in the 
absence of proof satisfactory to the court 
as to which of the persons having the use 
thereof in common is in default, each of 
those persons shall be liable to a fine not 
exceeding ten shillings, and to a fine not 
exceeding five shillings for every dayt during 
which the offence continues after a convic- 
tion for the offence. 

* The expression "sanitary conveniences" includes a number 
of things (sec. 141). Of these, water-closets can only bo legally 
used in the manner contemplated by this section, under the 
ciivumstanccs in which such a user is sanctioned by sec. 37, sub- 
section 4 (b), ante, p. 70. 

t As to these fines sec sec. 117. 



88 THE PUBLIC HEALTH ACT, 1891. 

Unsound Food. 

47- Inspection and destruction of unsound meat,&c. 
(1.) Any medical officer of health, or sanitary in- 
spector may at all reasonaBle* times enterf any pre- 
"TniSeTTand inspect and examine. 

(a) any anirnal+ intended for the food of man 
which is exposed for sale, or deposited in any 
place for the purpose of sale, or of prepara- 
tion for sale, and 

(6) any article, whether solid or liquid, intended 

for the food of man, and sold or exposed for 

sale or deposited in aiiy place for the purpose 

~'of sale or of preparation for sale, 

the proof thai, the same was not exposed or deposited 

for" any such purpose or was not intended for the food 

of man .resting with the pefsmufefcamed : and if any 

such animal or article appeal's, to such \ medical officer 

or inspector to be diseased, or'.un.s>itond,or unwholesome, 

or unfit forTHo" food 7>f mafrf h^-may seize ancf carry 

~awayl;he same himself or by~an assistant, in order to 

have the same dealt with by a justice. || 

* The Act lays down no rules as to what are " reasonable 
times." It will, therefore, be for the court to decide in each 
case whether the time at which a medical officer or sanitary in- 
spector proposes to enter premises is "reasonable," having 
regard to the circumstances of the case. 

t See as to the right of entry and the conditions under which 
it is to be exercised, post, sec. 115. For the meaning of "pre- 
mises " see sec. 141. 

J That is whether alive or dead. 

" Place " is so general a word that it may be said to mean 
" anywhere " in the present clause. 

|| It is not necessary that a person should be actually 
" charged," or even that any notice or intimation that lie will 
be charged should be given to the owner or person in whose pos- 
session it is before any animal or article is seized and carried 
away under the present sub-section. It may be that no charge 
ever will be preferred against any one. All that is necessary is 
that the animal or article should be forthwith or as soon as 
possible carried before a justice, who may there and then con- 
demn it, under the next sub-section, without having its owner 
or the person in whose possession it was found before him, 



UNSOUND FOOD. 89 

(2.) If it appear to a justice that any animal or 
article which has been seized or is liable to be seized 
under this section is diseased, or unsound, or unwholcs 
some, or unfit for the food of man^ heyshall ^condemn' 
the same, and order it to be destroyed, or so disposed 
of as to prevent it from being exposed for sale or used 
for the food of man ; and the person to whom the same 
belongs or did belong at the time of sale or exposure 
for sale, or deposit for the purpose of sale or of pre- 
paration for sale, or in whoso possession or on whose 
premises the same was found, shall be liaBlc on sum- 
mary conviction* to a fine not exceeding fifty pounds" 
for every animal, or article, or if the article consists of 
fruit, vegetables, corn, bread, or flour, for every parcel 
thereof so condemned, or, at the discretion of the court, 
-without the infliction of a fine, to imprisonment for a 
term of not more than six months with or without 
hard labour, f 

(3.) Where it is shown that any article liable to be 
seized under this section, and found in the possession 
of any person was purchased by him from another 
person for the food of man, and when so purchased 
was in such a condition as to be liable to be seized and 
condemned under this section, the person who so sold 
the same shall be liable to the fine and imprisonment 

* Observe that it is not necessary to a conviction under this 
sub-section that there should be any exposure for sale. But if 
there is no exposure for sale, then whatever may be the 
quantity of meat seized there will only be one offence, and can 
be only one conviction. If, however, there be exposure for sale, 
the exposure of each separate piece of meat will be a separate 
offence and support a separate conviction, and will render the 
offender liable to a separate penalty. It will be seen that sub- 
section 3, post, creates a further offence ; or rather enables the 
law to reach an offender who would not be liable under the 
present sub-section. 

f As to the imposition, &c., of the fine, sec sec. 117. The 
Summary Jurisdiction Act, 1879 (sec. 17), entitles any one 
charged with an offence, for which he may be sentenced to six 
months' imprisonment, to require that he should be sent for 
trial before a jury, 



90 THE PUBLIC HEALTH ACT, 1891. 

above mentioned, unless he proves that at the time he 
^sol^the _said articLa 3ie dig not know, and, had no" 
reason toHbelieve, that it was injmcn condition. 

('I-.) Whuic a" person convicted of an offence tinder 

this section has been within twelve months previously 
convicted of an offence under this section, the court 
may, if it thinks fit, and finds that he knowingly and 
wilfully committed both such offences, order that a 
notice of the facts be affixed, in such form and manner, 
and for such period not exceeding twenty-one days, as 
the court may order, to any premises occupied by that 
person, and that the person do pay the costs of such 
affixing; and if any person obstructs the affixing of 
such notice, or removes, defaces, or conceals the notice 
while affixed during the said period, he shall for each 
offence be liable to a fine not exceeding five pounds.* 

(5.) If the occupier of a licensed slaughter-housef 
is convicted of an offence under this section, the court 
convicting him may cancel the license for such 
slau ghter-house . 

(6.) If any person obstructs an officer in the per- 
formance of his duty under any warrant for entry into 
any premises granted by a justice in pursuance of this 
Act for the purposes of this section, he shall, if the 
court is satisfied that he obstructed with intent to 
prevent the discovery of an offence against this section, 
or has within twelve months previously been convicted 
of such obstruction, be liable to imprisonment for any 
term not exceeding one month in lieu of any fine 
authorised by this Act for such obstruction.^ 

(7.) A justice may act on adjudicating on an 

* See sec. 117. 

t That is, a slaughter-house licensed by the County Council ; 
see sec. 20 (1), ante p. 55. 

Under sec. 115 (4), the penalty for obstructing the execution 
of a warrant is (not exceeding) -20. The obstruction of the 
officer of a sanitary authority who is not armed with a warrant, 
in the execution of his duty under this sub-section, is, under 
sec. 116 (1), a fine not exceeding 5. 



PROVISIONS AS TO WATEB. 91 

offender under this section, whether he has or has not 
acted in ordering the animal or article to be destroyed 
or disposed of. 

(8.) Where a person has in his possession any 
article which is unsound or unwholesome, or unfit for 
the food of man, he may, by written notice* to the 
sanitary authority, specifying such article, and contain- 
ing a sufficient identification of it, request its removal, 
and the sanitary authority shall cause it to be removed 
as if it were trade- refuse. 

Provisions as to Water. 

48. Provisions as to house without proper water 
supply. (1.) An occupied house without a proper and 
sufficient supply of water shall be a nuisance liable to 
be dealt with summarily under this Act, and, if it is a 
dwelling-house, shall be deemed unfit for humam 
habitation,! 

(2.) A house which after the commencement of this 
Act is newly erected, or is pulled down to or below the 
ground floor and rebuilt, shall not be occupied as a 
dwelling-house until the sanitary authority have certi- 
fied that it has a proper and sufficient supply of water, 
either from a water company or by some other means. 

(3.) If the sanitary authority refuse such certificate, 
or fail to give it within one month after written re- 
quest for the same from the owner of the house, the 
owner of the house may apply to a petty sessional 
court, J and that court, after hearing or giving the 
sanitary authority an opportunity to be heard, may, if 
they think the certificate ought to have been granted, 
make an order authorising the occupation of the 
house ; but, unless such order is made, an owner who 
occupies or permits to be occupied the house as a 
dwelling-house without such certificate shall be liable 

* Sec post, sec. 128, as to notice ; and sec. 33, ante, as to the 
removal of trade refuse. 
} See ante, sees. 4 and 5. 
I See ante, note (*) to sec. 5, 



92 THE PUBLIC HEALTH ACT, 1891. 

to a fine not exceeding ten pounds, and to a fine not 
exceeding twenty shillings for every day during which 
it is so occupied until a proper and sufficient supply of 
water is provided ; but the imposition of such fine shall 
be without prejudice to any proceedings for obtaining 
a closing order.* 

49. Notice -to sanitary authority of water supply 
being cut off. (1.) Where a water company may law- 
fully cut off the water supply to any inhabited dwel- 
ling-house^ and cease to supply such dwelling-house 
with water for non-payment of water rate or other 
cause, the company shall in every case, within twenty- 
four hours after exercising the said right, give notice J 
thereof in writing to the sanitary authoritv of the 
district in which the house is situated. 

(2.) Any company which neglects to comply with 
the foregoing provisions shall be liable to a fine not 

* As to the fine, see see. 117 ; as to the closing order, sec. 5 
.(G) and (7). 

t A water company is entitled to cut off the supply of water 
to a dwelling-house if the person supplied with water or liable 
to pay the rate (1) Neglects to make the quarterly payment 
in advance in respect of the same at Christmas Day, Lady Day, 
Midsummer Day, and Michaelmas Day (10 & 11 Viet. c. 17, 
ss. 70 & 74). But this provision is subject to 50 & 51 Viet. c. 21, 
s. 4, that when the owner, and not the occupier, is liable by law 
or by agreement with the water company to the payment of the 
water rate in respect of a dwelling-house, no water company 
shall cut off the water supply for non-payment of the water 
rate. (2) Neglects, when required by the company, to provide a 
proper cistern to hold the water with which he is supplied, with 
a ball and stop-cock in the pipe bringing water to such cistern, 
or to keep the same in good repair (10 & 11 Viet. c. 17, s. 54). (3) 
Wrongfully does, or causes or permits to be done, anything in 
contravention of any of the provisions of the Waterworks Clauses 
Act, 1847, or the Metropolis Water Acts, 1852 and 1871, or the 
special Act (i.e., any private Act of the water company) ; or (4) 
Wrongfully fails to do anything which under any of those pro- 
visions ought to be done for the prevention of the waste, misuse, 
undue consumption, or contamination of the water (15 & 10 Viet. 
c. 84, s. 25; 26 & 27 Viet. c. 93, s. 16 ; 34 & 35 Viet. c. 113, s. 2). 
J As to the notice, see sec. 128 (2). As to the districts of thq 
metropolitan sanitary authorities, see sec. 99, 



PROVISIONS AS TO WATER. 93 

exceeding ten pounds, and it shall be the duty of the 
sanitary authority to take proceedings against any 
company in default.* 

(3.) This section shall apply to every water com- 
pany which is a trading company supplying water for 
profit. 

50. Cleansing of cisterns. --Every sanitary autho- 
rity shall make bye-lawsf for securing the cleanliness 
and freedom from pollution of tanks, cisterns, and 
other receptacles used for storing of water used or 
likely to be used by man for drinking or domestic 
purposes, J or for manufacturing drink for the use of 
mail. 

51. Power of sanitary authority as to public foun- 
tains. (1.) All existing public cisterns, reservoirs, 

* As to the consequences of any failure by a sanitary authority 

to fulfil this duty, see post, sees. 100 and 101, as to London 

snerally ; and sees. 133 and 134 in respect to the City of 



t As to bye-laws, sec sec. 114, post. 

It is to be presumed that the bye-laws to be made under 
this section will define the meaning of the expression "domestic 
purposes " used in the present section. It seems to us doubtful 
whether the cases which have been decided upon these words 
in various Water Acts are any authorities for the construction 
of the present section ; for in those cases it was a question of 
the quantity, not of the quality, of water supply. And it may 
well be that the watering of a gentleman's garden or the clean- 
ing of his private carriage are " domestic purposes "in the sense 
that they pertain to the house and family, and that, therefore, 
a company is bound to supply water for them ; but that they 
are not " domestic purposes" of such a kind as to require the 
tanks or cisterns in which water is stored for such uses to be 
kept clean and free from pollution under the present section. 

Cisterns, reservoirs, wells, etc. will be regarded as " public " 
under and for the purposes of this section, not only when they 
arc situated in a public place, but also when they are situated in 
private ground, if the public have by grant, gift, prescription, or 
otherwise, a right to resort thereto for a gratuitous supply of 
water. When so "public " they will, under this section, " vest " 
in the sanitary authority. By this it must not be understood 
that they will become the absolute property of that body, but 
merely that the sanitary authority will acquire such au interest 



94 THE PUBLIC HEALTH ACT, 189L 

wells, fountains, pumps, and works used for the gratui- 
tous supply of water to the inhabitants of the district 
of any sanitary authority, and not vested in any person 
or authority other than the sanitary authority, shall 
vest in and be under the control of the sanitary autho- 
rity ; and that authority may maintain the same and 
plentifully supply them with pure and wholesome 
water, or may substitute, maintain, and plentifully 
supply with pure and wholesome water other such 
works equally convenient, and may maintain and 
supply with water as aforesaid other public cisterns, 
reservoirs, wells, fountains, pumps, and other such 
works within their district. 

(2.) The sanitary authority may provide and main- 
tain public wells, pumps, and drinking fountains in 
such convenient and suitable situations* as they may 
deem proper. 

(3.) If any person wilfully damages any of the said 
wells, pumps, or fountains, or any part thereof, he 
shall, in addition to any punishment to which he is 
liable,f pay to the sanitary authority the expenses of 
repairing or reinstating 1 such well, fountain, pump, or 
part thereof. 

in and control over them as is necessary to the carrying out of 
the objects of public cisterns, wells, fountains, etc., or would 
render any person wilfully damaging them liable to a fine under 
sec. 116 (1) (c) for "wilfully damaging works or property belong- 
ing to any sanitary authority." Although a sanitary authority 
may under this section acquire the right to control, maintain, 
and regulate the water supply of an ornamental drinking foun- 
tain devoted to the public use, they would not, we conceive, be 
entitled to pull down, remove, or destroy such a fountain, 
merely by virtue of the provisions we are now considering. 

* Of course, this means such "situations" as (1) are their 
property, or under their control, or in which they have an 
interest sufficient to warrant them in devoting the whole or part 
thereof to the purposes in question ; or (2) the user of which for 
this purpose is permitted or granted to them by the owner 
thereof. 

t Under sees. 53 and 116 (1) (c). As to the recovery of both 
fine and expenses see sec, 117. 



i J liOVISIONS A8 TO WATEK. 95 

52- Penalty for causing water to be corrupted by 
gas washings. (I.) If any person* engaged in the 
manufacture of gas 

(a.) causes or suffers to be brought or to flow into 
any source of water supply, or into any drain 
or pipe communicating therewith, ;uiv wash- 
ing or other substance produced in making or 
supplying gas ;f or, 

(t.) wilfully or negligently does any act con- 
nected with the making or supplying of gas 
whereby the water in any source of water 
supply is fouled, 

he shall for every such offence be liable to a fine of 
two hundred pounds, J and, after the expiration of 
twenty-four hours' notice from the sanitary authority 
or the person to whom the water belongs in that 
behalf, to a further fine of twenty pounds for every 
day during which the offence continues. 

(2.) Every such fine may be recovered, with full costs 
of action, in the High Court, in the case of water belong- 
ing to or under the control of the sanitary authority 
by that authority, and in any other case by the person 
into whose water such washing or other substance is 
brought or flows, or whose water is fouled by any such 
act as aforesaid, or in default of proceedings by such 
person after iiotice|] to him from the sanitary authority 

* Under the Interpretation Act, 1889 (52 & 53 Viet. c. 63), 
"person" includes a corporation or company. 

t As by allowing the noxious matter referred to in the section 
to percolate through the soil until it reaches " a source of water 
supply," which is by sec. 141 denned to be " any stream, 
reservoir, aqueduct, pond, well, tank, cistern, pump, fountain, 
or other work or means for the supply of water, whetJicr actually 
used or capable of being used for the, supply of ivatcr or not." 
Even to foul a disused well will therefore be an offence under 
this section. 

J This penalty will not be recoverable under sec. 117. Pro- 
ceedings must be taken under the next sub-section. 

As for instance the water supplied to public fountains, etc. , 
by the sanitary authority under the last section (51). 

|| Sec, as to notice, sees. 127 and 128, post. 



96 THE PtfBLIC HEALTH ACT, 1891. 

of their intention to proceed for such fine, by the 
sanitary authority ; but such fine shall not be recover- 
able unless it is sued for during the continuance of the 
offence, or within six months after it has ceased. 

53. Penalty for fouling water. If any person does, 
any act whereby any fountain or pump is wilfully or 
maliciously damaged, or is guilty of any act or neglect 
whereby the water of any well, fountain, or pump used 
or likely to be used by man for drinking or domestic 
purposes,* or for manufacturing drink for the use 
of man, is polluted or fouled, he shall be liable to a 
fine not exceeding five pounds for each offence, and a 
further fine not exceeding twenty shillingsf for every 
day during which the offence continues after notice is 
served on him by the sanitary authority in relation 
thereto ; but this section shall not extend to offences 
against the last preceding section by persons engaged 
in the manufacture of gas. 

54. Power to close polluted wells, &c. (1.) On 
the representation of any person to a sanitary autho- 
rity that within their district the water in any well, 
tank, or cistern, public or private, or supplied from 
any public pump, is used or likely to be used by man 
for drinking or domestic purposes, J or for manufactur- 
ing drink for the use of man, and is so polluted, or is 
likely to be so polluted, as to be injurious or dangerous 
to health, a petty sessional court, on complaint by 
such authority and after hearing the person who is 
the owner or occupier of the premises to which the 
well, tank, or cistern belongs, if it be private, or in the 
case of a public well, tank, -cistern, or pump, is alleged 

* See our note () on sec. 50. 

t In addition to this fine, which will be recoverable under sec. 
117, the sanitary authority may also recover the expenses of 
repairing or re-constructing the fountain or pump (if it be 
damaged) under sec. (51) (3). 

J See note (J) on sec. 50. 

As to what is a " petty sessional court " see note to sec. 5, 
ante. 



INFECTIOUS DISEASES. NOTIFICATION. 97 

in. the complaint to be interested in the same, or after 
giving him an opportunity of being heard, may by 
summary order direct the well, tank, cistern, or pump 
to be permanently or temporarily closed, or make such 
other order as appears to the court requisite to prevent 
injury or danger to the health of persons drinking the 
water. 

(2.) The court may, if they see fit, cause the water 
complained of to be analysed at the cost of the sanitary 
atithority complaining. 

(3.) If the person on whom the order* is made fails 
to comply therewith, he shall be liable to a fine not 
exceeding twenty pounds,! and a petty sessional court 
on complaint by the sanitary authority may authorise 
that authority to execute the order, and any expenses 
incurred by them in so doing may be recovered in a 
summary manner from the said person. 

Infectious Diseases. Notification. 

55. Notification of infectious disease. (1.) Where 
an inmate of any house J within the district of a sani- 
tary authority is suffering from an infectious disease 
to which this section applies, the following provisions 
shall have effect, that is to say : 

(a.) The head of the family to which such inmate 
(in this section referred to as the patient) 
belongs, and in his default the nearest rela- 
tives of the patient present in the house or 
being in attendance on the patient, and in 
default of such relatives, every person in 

* That is, an order made by a "court of summary jurisdiction. 

t The penalty and expenses will be recoverable under sec. 
117. As to the meaning of "petty sessional court " see note to 
sec. 5 (8), ante, p. 41. 

By sec. 141 the expression "house" includes schools, also 
factories and other buildings in which persons are employed. 
By sub-section 7 it will be seen that the application of the 
section is extended as therein mentioned to vessels, tents, vans 
sheds, etc., be used for human habitation. 

These diseases are set forth in sub-section 8, post, p. 100 



98 THE PUBLIC HEALTH ACT, 1891. 

charge of or in attendance on the patient, 
and in default* of any such parson the masterf 
of the house, shall, as soon as he becomes 
aware that the patient is suffering from an 
infectious disease to which this section ap- 
plies, send notice thereof to the medical 
officer of health of the district ; J 
(6.) Every medical practitioner attending on or 
called in to visit the patient shall forthwith, 
on becoming aware that the patient "is suTl'er- 
ing from an infectious disease to which this 
section applies, send to the medical officer of 
health of the district a certificates stating the 
full name and the age and sex of the patient, 
the full postal address of the house, and the 
infectious disease from which in the opinion 
of such medical practitioner the patient is 
suffering, and stating also whether the case 
occurs in the private practice of such prac- 
titioner or in his practice as a medical officer 
of any public body or institution, and where 
the certificate refers to the inmate of a 
hospital]) it shall specify the place from which 
and the date at which the inmate was brought 
to the hospital, and shall be sent to the 

* See infra, sub-section (2). 

t By sec. 141 the expression " master" means, in the case of 
a building or part of a building, a person in occupation of, or 
having the charge, management, or control of the building ; and 
in the case of a house (1) the whole of which is let out in separate 
tenements, or (2) in the case of a lodging-house the whole of 
which is let to lodgers, includes the person receiving the rent 
payable by the tenants or lodgers either on his own account or 
as 'the agent of another person; and in the case of a vessel 
means the master or other person in charge thereof. 

i See injra, sub-sections (5) and (6). 

See infra, sub-section (3). 

|| By sec. 141 " hospital " means any premises or vessels for 
the reception of the sick, whether permanently or temporarily 
applied for that purpose, and includes an asylum of the Metro- 
vpolitan Asylum Managers. 



INFECTIOUS DISEASES. NOTIFICATION. 

medical officer of health of the district in 
which the said place is situate : 

Provided that, in the case of a hospital of the 
Metropolitan Asylum Managers, a notice or certificate 
need not be sent respecting any inmate with respect to 
whom a copy of the certificate has been previously 
forwarded by the medical officer of health of the 
district to the said Managers. 

(2.) Every person required by this section to send a 
notice or certificate, who fails forthwith to send the 
same, shall be liable to a^fine not exceeding forty 
sTnTTmgs : Provided that if a person is not required to 
send notice in the first instance, but only in default of 
some other person, he shall not be liable to any fine if 
he satisfies the court that he had reasonable cause to 
suppose that the notice had been duly sent.* 

(3.) The Local Government Boardmay prescribe forms 
for the purpose of certificates to be sent in pursuance of 
this section, and if such forms are so prescribed, they 
shall be used in all cases to which they apply. The 
sanitary authority shall gratuitously supply forms of 
certificate to any m?dical practitioner residing or prac- 
tising in their district who applies for the same, and 
shall pay to every medical practitioner for each certi- 
ficate duly sent by him iu accordance with this section 
a fee of two shillings and sixpence if the case occurs in 
his private practice, and of one shilling if the case 
occurs in his practice as medical officer of any public 
body or institution.f 

(4.) Where a medical officer of health receives a cer- 
tificate under this section relating to a patient within 
the Metropolitan Asylum district, he shall, within twelve 
hours after such receipt, send a copy thereof to the 
Metropolitan Asylum Managers, and to the head 

* Any person may, therefore, under this sub-section be relieved 
from liability to send notice except " the head of the family," 
whose duty is absolute, and neither contingent upon the default, 
nor superseded by the action of any one else. 

t Such as workhouses and public hospitals. 

H 2 



100 THE PUBLIC HEALTH ACT, 1891. 

teacher of the school attended by the patient (if a 
child), or by any child who is an inmate of the same 
house as the patient.* The Metropolitan Asylum 
Managers shall repay to the sanitary authority the 
fees paid by that authority in respect of the certificates 
whereof copies have been so sent to the Managers. 
The Managers shall send weekly to the County Council, 
and to every medical officer of health, such return of 
the infectious diseases of which they receive certi- 
ficates in pursuance of this section as the County 
Council require. 

(5.) Where in any district of a sanitary authority 
there are two or more medical officers of health of that 
authority, a certificate under this section shall be sent 
to such one of those officers as has charge of the area 
in which is the patient referred to in the certificate, or 
to such other of those officers as the sanitary authority 
may direct. 

(6.) A notice or certificate to be sent to a medical 
officer in pursuance of this section may be sent to such 
officer at his office or residence.f 

(7.) This section shall apply to every building, 
vessel, tent, van, shed, or similar structure used for 
human habitation, in like manner as nearly as may be 
as if it were a house ; but nothing in this section shall 
extend to any house, building, vessel, tent, van, shed, or 
similar structure belonging to Her Majesty the Queen, 
or to any inmate thereof, nor to any vessel belonging to 
any foreign government. 

fc (8.) In this section the expression " infectiom 
disease to ^hich this section, applies ' meanS ^iny oT 
the irmowing diseases, namely, sinall-pox, cholera, 
jdiphnieria, membranous croup, erysipelas, the disease 

ft * It will no doubt be required in the forms of certificates to 
^c prescribed by the Local Government Board, under sub-section 
(3), that the medical practitioner attending the patient shall 
furnish the medical officer of health with the information 
necessary to discharge the duty thus imposed upon him. 
t By sec. 128 this notice may be sent by post. 



INFECTIOUS DISEASES. NOTIFICATION. 101 

known as scarlatina or scarlet fever, and the fevers 
knowrTGy any of the following names, typhus, typhoid, 
enteric, relapsing, continued, or puerperal, and includes, 
as respects any particular district, any infectious 
disease to which this section has been applied by the 
sanitary authority of the district in manner provided 
by this Act. 

56- Power of sanitary authority to add to number 
of infectious diseases of which notification is required. 
(1.) The sanitary authority of any district may, by 
resolution passed at a meeting of that authority of 
which such notice has been given as in this section 
mentioned, order that the foregoing section with 
respect to the notification of infectious disease shall 
apply in their district to any infectious disease other 
than a disease specifically mentioned in that section ; 
any such order may be permanent or temporary, and, 
if temporary, the period during which it is to continue 
in force shall be specified therein, and any such order 
may be revoked or varied by the sanitary authority 
which made the same. 

(2.) Fourteen clear days* at least before the meeting 
at which such resolution is proposed special notice of 
the meeting, and of the intention to propose the 
making of such order, shall be given to every member 
of the sanitary authority, and the notice shall be 
deemed to have been duly given to a member if it is 
given in the mode in which notices to attend meetings 
of the sanitary authority are usually given. 

(3.) An order under this section and the revocation 
and variation of any such order shall not be of any 
validity until it has been approved by the Local 
Government Board, and when it is so approved the 
sanitary authority shall give public notice thereof by 
advertisement in a local newspaper, and by handbills 

* That is, without reckoning either the day on which the notice 
is given or the day of meeting. But a shorter notice will suffice 
in case of emergency. See infra, sub-section (5). 



102 THE PtJBLlC HEALTH ACT, 1891. 

and otherwise in such manner as the sanitary authority 
think sufficient for giving information to all persons 
interested ; they shall also send a copy thereof to each 
legally qualified medical pratitioner whom, after due 
inquiry, they ascertain to be residing or practising in 
their district. 

(4.) The said order shall come into operation at such 
date not earlier than one week after the publication of 
the first advertisement of the approved order as the 
sanitary authority may fix, and upon the order coming 
into operation, and during the continuance thereof, an 
infectious disease mentioned in the order shall, within 
the district of the authority, be an infectious disease to 
which the foregoing section with respect to the notifi- 
cation of infectious disease applies. 

(5.) In the case of emergency three clear days' notice 
of the meeting and of the intention to propose the 
making of the order shall be sufficient, and the resolu- 
tion shall declare the cause of the emergency and shall 
be for a temporary order, and a copy thereof shall be 
forthwith sent to the Local Government Board* and 
advertised,t and the order shall come into operation at 
the expiration of one week from the date of the 
advertisement; but unless approved by the Local 
Government Board shall cease to be in force at the 
expiration of one month after it is passed, or any 
earlier date fixed by the Local Government Board ; if 
it is approved by the Local Government Board that 
approval shall be conclusive evidence that the case was 
one of emergency. 

(6.) The County Council shall, as respects London, 
have the same power of extending the foregoing section 
by order to any infectious disease, and the same power 
of revoking and varying the order, as a sanitary 

* It will, therefore, in the first instance, come into operation 
without the approval of the Local Government Board. 

f It does not appear to be necessary to post or circulate 
"handbills" in the case of an order under this section, as in 
the case of an order under sub-section 3, supra. 



INFECTIOUS DISEASES* PREVENTION. 103 

authority have under this section as respects their 
district ; and the foregoing section when so extended 
by the County Council shall be construed as if it had 
been applied under this section as respects every 
district in London by the sanitary authority thereof.* 

57- Non-disqualification of medical officer by receipt 
of fees. A payment made to any medical practitioner in 
pursuance of the provisions of this Act with respect to 
the notification of infectious disease shall not dis- 
qualify that practitioner for serving as member of the 
County Council, or of a sanitary authority, or as 
guardian of a poor law union, or in any other public 
office. 

(2.) Where a medical practitioner attending on a 
patient is himself the medical officer of health of the 
district he shall be entitled to the same fee as if he 
were not such medical officer. 

Infectious Diseases. Prevention. 

58- Application of special provisions to certain 
infectious diseases. The following provisions of this 
Act relating to dangerm^p infpp.tiona flispfl.gps shall 
apply to the infectious diseases specifically mentioned 
in the foregoing enactment? ot this AcFrelatjngtoTSe' 
notification of infectious disease, and all or any of such 
provisions may be applied by orderf to any other 
infectious disease in the same manner as that enact- 
ment may be applied to such disease, subject to the 
same power of revoking and varying the order, and 
every such infectious disease is in this Act referred to 
as a dangerous infectious disease. 

* As the power given by this section to the London County 
Council is not subject to the exceptions set forth in sec. 133, the 
order will take effect in the City of London as well as other 
portions of the administrative county. 

t That is to say, an order extending the application of the 
following provisions may be made by the sanitary authority in 
the same way as they are empowered to make an order ex- 
tending the number of infectious diseases. 



104 THE PUBLIC HEALTH ACT, 1891. 

59- Provision of means for disinfecting of bedding, 
&c. (1.) Every sanitary authority shall provide, 
either within or without their district, proper premises, 
with all necessary apparatus and attendance, for the 
destruction and for the disinfection, and carriages or 
vessels for the removal, of articles (whether bedding, 
clothing, or other) which have become infected by any 
dangerous infectious disease,* and may provide the 
same for the destruction, disinfection, and removal of 
such articles when infected by any other disease ; and 
shall cause any such articles brought for destruction or 
disinfection, whether alleged to be infected by any 
dangerous infectious disease or by any other disease, 
to be destroyed or to be disinfected and returned, and 
may remove, and may destroy, or disinfect and return, 
such articles free of charge, f 

(2.) Any sanitary authorities may execute their duty 
under this section by combining for the purposes there- 
of, or by contracting for the use by one of the contract- 
ing authorities of any premises .provided for the 
purpose of this section by another of such contracting 
authorities, and may so combine or contract upon such 
terms as may be agreed upon. 

60. Cleansing and disinfecting of premises, &c. 
(1). Where the medical officer of health of any sani- 
tary authority, or any other legally qualified medical 
practitioner, J certifies that the cleansing and disinfect- 
ing of any house, or part thereof, and of any articles 
therein likely to retain infection, or the destruction of 
such articles, would tend to prevent or check any 
dangerous infectious disease, || the sanitary authority 

* See sec. 58. 

t The sanitary authority may with the assent cf the Local 
Government Board borrow money to meet the expenditure thus 
incurred ; sec. 105 (2) (b). 

J That is, a practitioner registered under the Medical Ace 
(21 & 22 Viet. c. 90 and 49 & 50 Viet. c. 48). 

See definition in sec. 141. 

H See sec. 58. 



INFECTIOUS DISEASES. PREVENTION. 105 

shall serve notice* on the master, or where the house . 
or part is unoccupied on the owner,t of such house or 
part that the same and any such articles therein will 
be cleansed and disinfected' or (as regards the articles) 
destroyed, by the sanitary authority, unless he informs 
the sanitary authority within twenty-four hours from 
the receipt of the notice that he will cleanse and disin- 
fect the house or part and any such articles or destroy 
such articles to the satisfaction of the medical officer 
of health, or of any other legally qualified medical 
practitioner, within a time fixed in the notice. 

(2.) If either 

(a.) within twenty-four hours from the receipt of 
the notice, the person on whom the notice is 
served does not inform the sanitary authority 
as aforesaid, or 

(6.) having so informed the sa.nitary authority he 
fails to have the house or part thereof and 
any such articles disinfected or such articles 
destroyed as aforesaid within the time fixed 
in the notice, or 
(c.) the master or owner without such notice gives 

his consent, 

the house or part and articles shall be cleansed and 
disinfected or such articles destroyed by the officers 
and at the cost of the sanitary authority under the 
superintendence of the medical officer of health. 

(3.) For the purpose of carrying into effect this 
section the sanitary authority may enter by day on 
any premises. J 

(4.) The sanitary authority shall provide, free of 
charge, temporary shelter or house accommodation 
with any necessary attendants for the members of any 
family in which any dangerous infectious disease has 

* See post, sees. 127 and 128 ; and as to notices given by order 
of a committee, sec. 99 (4). 

t As to meaning of " master " and " owner," see sec. 141. 

For the meaning of " day " and " premises," see sec. 141 ; 
and as to the exercise of the right of entry, sec. 115. 



106 THE PUBLIC HEALTH ACT, 1891- 

appeared, who have been compelled to leave their 
dwellings, for the purpose of enabling such dwellings 
to be disinfected by the sanitary authority. 

(5.) When the sanitary authority have disinfected 
any house, part of a house, or article, under the provi- 
sions of this section, they shall compensate the master 
or owner of such house, or part of a house, or the 
owner of such article, for any unnecessary damage* 
thereby caused to such house, part of a house, or 
article; and when the authority destroy any article 
under this section they shall compensate the owner 
thereof ; and the amount of any such compensation 
shall be recoverable in a summary manner, f 

61. Disinfection of bedding, &c. (1.) Any sani- 
tary authority may serve a noticej on the owner of any 
bedding, clothing, or other articles which have been 
exposed to the infection of any dangerous infectious 
disease requiring the delivery thereof to an officer of 
the sanitary authority for removal for the purpose of 
destruction or disinfection ; and if any person fails to 
comply with such notice he shall, on the information 
of the sanitary authority, be liable to a fine not exceed- 
ing ten pounds. 

(2.) The bedding, clothing, and articles if so disin- 
fected by the sanitary authority shall be brought back 
and delivered to the owner free of charge, and if any 
of them suffer any unnecessary damage the authority 
shall compensate the owner for the same, and the 
authority shall also compensate the owner for any 

* For any damage which is unavoidable, no compensation 
will be payable. 

t That is, by proceedings before a court of summary juris- 
diction. 

J The notice must be given in accordance with sees. 127 and 
128 ; and by order either of the sanitary authority or of a com- 
mittee of that body ; sec. 99 (4). As to meaning of " dangerous 
infectious diseases," see sec. 58; and as to the recovery of the 
penalty, sec. 117. 



INFECTIOUS DISEASES. PEEVENTION. 107 

articles destroyed ; and the amount of compensation 
shall be recoverable in a summary manner.* 

62. Infectious rubbish thrown into ash-pits, &c., to 
be disinfected. (1.) If a person knowingly casts, or 
causes or permits to be cast, into any ash-pit any 
rubbish infected by a dangerous infectious disease 
without previous disinfection, he shall be liable to a 
fine not exceeding five pounds, and, if the offence 
continues, to a further fine not exceeding forty shil- 
lings for every day during which the offence so 
continues after the notice hereafter in this section 
mentioned.t 

(2.) The sanitary authority shall cause their officers 
to serve notice of the provisions of this section on the 
master of any house or part of a house in which they 
are aware that there is a person suffering from a 
dangerous infectious disease, and on the request of 
such master shall provide for the removal and disin- 
fection or destruction of the aforesaid rubbish. 

63. Penalty on letting horises in which infected 
persons have been lodging. (1.) Any person who 
knowingly lets for hire any house, or part of a house, 
in which any person has been suffering from any dan- 
gerous infectious disease, without having such house 
or part of a house, and all articles therein liable to 
retain infection, disinfected to the satisfaction of a 
legally qualified medical practitioner, as testified by a 
certificate signed by him, or (as regards the articles) 

* To be enforced by proceedings before a court of summary 
jurisdiction. 

f For a definition of " ash-pit," see sec. 141 ; and of " dan- 
gerous infectious disease," sec. 58. The fine will be recoverable 
under sec. 117. For the meaning of " the master of the house " 
in the next sub-section, see sec. 141. 

J The section does not say within what time. Having regard 
to the next section, it would probably be held that disinfection 
is not necessary if a letting does not take place until six 
weeks have elapsed since the existence of infectious disease in 
the house or part thereof. The fine for an offence under this 
section will be recoverable under sec. 117. 



108 THE PUBLIC HEALTH ACT, 1891. 

destroyed, shall be liable to a fine not exceeding 
twenty pounds. 

(2.) For the purposes of this section the keeper of 
an inn shall be deemed to let for hire part of a house 
to any person admitted as a guest into such inn. 

64. Penalty on persons letting houses making false 
statements as to infectious disease. Any person letting 
for hire, or showing for the purpose of letting for hire, 
any house or part of a house, who, on being ques- 
tioned by any person negotiating for the hire, as to 
the fact of there being, or within six weeks previously 
having been, therein any person suffering from any 
dangerous infectious disease, knowingly makes a false 
answer to such question, shall be liable, at the dis- 
cretion of the court, to a fine* not exceeding twenty 
pounds, or to imprisonment, with or without hard 
labour, for a period not exceeding one month. 

65. Penalty on ceasing to occupy house unthout 
disinfection or notice to owner, or making false answer. 
(1.) Where a person ceases to occupy any house, or 
part of a house, in which any person has within six 
weeks previously been suffering from any dangerous 
infectious disease, and either 

(a,) fails to have such house, or part of a house, 
and all articles therein liable to retain infec- 
tion, disinfected to the satisfaction of a legally 
qualified medical practitioner, as testified by 
a certificate signed by him, or such articles 
destroyed, or 

(fe.) fails to give to the owner or master of such 
house, or part of a house, notice of the pre- 
vious existence of such disease, or 

(c.) on being questioned by the owner or master 
of, or by any person negotiating for the hire 
of, such house or part of a house, as to the 
fact of there having within six weeks pre- 

* The fine will be recoverable under sec. 117. 



INFECTIOUS DISEASES. PREVENTION. 109 

viously been therein any person suffering 
from any dangerous infectious disease, know- 
ingly makes a false answer to such question, 
he shall be liable to a fine not exceeding ten pounds. 

(2.) The sanitary authority shall cause their officers 
to serve notice of the provisions of this section on the 
master of any house or part of a house in which they 
are aware that there is a person suffering from a 
dangerous infectious disease.* 

66. Removal to hospital of infected persons without 
proper lodging. (1.) A person suffering from any 
dangerous infectious disease, who is without proper 
lodging or accommodation, or is lodged in a tent or 
van, or is on board a vessel,t may, on a certificate 
signed by a legally qualified medical practitioner, and 
with the consent of the superintending body of the hos- 
pital to which he is to be removed, be removed by 
order of a justice, and at the cost of the sanitary 
authority of the district where such person is found, 
to any hospital in or within a convenient distance of 
London. 

(2.) The order may be addressed to such constable 
or officer of the sanitary authority as the justice 
making the same thinks expedient ; and if any per- 
son wilfully disobeys or obstructs the execution of 
such order he shall be liable to a fine not exceeding 
ten pounds. $ 

(3.) Any sanitary authority may make bye-la ws for 
removing to any hospital to which that authority are 
entitled to remove patients, and for keeping in that 

* As to the meaning of " dangerous infectious disease " see 
sec. 58; and of " master of the house," sec. 141. As to the fine, 
see sec. 117. 

t The expression " vessel " includes a boat and every descrip- 
tion of vessel used in navigation (sec. 141). In the same section 
will be found a definition of "hospital." 

See sec. 117, post. 

As to bye-laws, sec sees. 114 and 142 (3). It will be seen 
that under sec. 75, post, the sanitary authority are empowered 
to provide the requisite hospital accommodation. 



110 THE PUBLIC HEALTH ACT, 1891. 

hospital so long as may be necessary, any persons 
brought within their district by any vessel who are 
infected with a dangerous infectious disease. 

67. Detention of infected person without proper 
lodging in hospital. (1.) A justice, on being satisfied 
that a person suffering from any dangerous infectious 
disease is in a hospital, and would not on leaving the 
hospital be provided with lodging or accommodation 
in which proper precautions could be taken to prevent 
the spreading of the disease by such person, may direct 
such person to be detained in the hospital at the cost 
of the Metropolitan Asylum Managers* during the time 
limited by the justice. Any justice may enlarge the 
time as often as appears to him necessary for pre- 
venting the spread of the disease. 

(2.) The direction may be carried into execution 
by any officer of any sanitary authority, or of the 
Metropolitan Asylum Managers, or by any inspector 
of police, or any officer of the hospital. 

68. Penalty on exposure of infected persons and 
things. (1.) If any person 

(a.) while suffering from any dangerous infec- 
tious diseasef wilfully exposes himself without 
proper precautions against spreading the said 
disease in any street, public place, shop, or 
inn ; or 
(6.) being ^1 cliarfye of any person so suffering, 

exposes such sufferer : or 

(c.) gives, lends, sens, transmits, removes, or ex- 
poses, without previous disinfection, any 
bedding, clothing, or other articles which 
have been exposed to infection from any 
such disease ; 
shall be liable to a fine not exceeding five pounds. 

* See as to the mode in which the expenses of the Metro- 
politan Asylum Managers are to be defrayed, post, sec. 104. 

t As to what is " a dangerous infectious disease " see, sec. 58, 
ante ; as to " street," see sec. 141, post. 

I The fine will bo recoverable under sec. 117, Moreover, if a 



INFECTIOUS DISEASES. PREVENTION. Ill 

(2.) Provided that proceedings under this section 
shall not be taken against persons transmitting with 
proper precautions any bedding, clothing, or other 
articles for the purpose of having the same disin- 
fected.* 

69. Prohibition on infected person carrying on 
business. A person who knows himself to be suffer- 
ing from a dangerous infectious disease shall not milk 
any animal or pick fruit, and shall not engage in any 
occupation connected with food, or carry on any trade 
or business in such a manner as to be likely to spread 
the infectious disease, and if he does so he shall be 
liable to a fine not exceeding ten pounds.f 

YO. Prohibition of conveyance of infected person 
in public conveyance. It shall not be lawful for any 
owner or driver of a public conveyance^ knowingly to 
convey, or for any other person knowingly to place, in 
any p'ublic conveyance, a person suffering from any 
dangerous infectious disease, or for a person suffering 
from any such disease to enter any public conveyance, 
and if he does so he shall be liable to a fme not ex- 
ceeding ten pounds ; and, if any person so suffering 

person unlawfully, injuriously, and with a full knowledge of the 
fact, exposes in a public highway a person (as, for instance, a 
child of which he is in charge) infected with a contagious disease 
or disorder, it is a common nuisance, and indictable as such 
(Rex v. Burnett, 4 M. & S. 272). So also if a person cause others 
infected with a contagious disease to be carried along a public 
street (Rex v. Vantandillo, 4 M. & S. 73). As to when a person 
can be said to be " in charge " of another, see Tunbridge Wells 
Local Board v. Bishopp L.R. 2 C.P.D. 187. 

* Under sec. 59, ante, tho sanitary authority are bound to 
provide for the removal, etc., of infected articles. 

t As to the recovery of this fine, sec sec. 117. 

A public conveyance appears to be one which plies openty 
and publicly for passengers, as a cab, omnibus, or stage-coach. 
A fly which is hired from an innkeeper or job-master would not 
be within the provisions of the section. But although the point 
has not been decided, we are disposed to think that a railway 
carriage would be held to be a "public conveyance." 

See as to the recovery of this fine sec. 117. 



112 THE PUBLIC HEALTH ACT, 1891. 

is conveyed in a public conveyance, the owner or 
driver thereof, as soon as it comes to his knowledge, 
shall give notice to the sanitary authority, and shall 
cause such conveyance to be disinfected, and if he fails 
so to do he shall be liable to a fine not exceeding five 
pounds, and the owner or driver of such conveyance 
shall be entitled to recover in a summary manner* 
from the person so conveyed by him, or from the per- 
son causing that person to be so conveyed, a sum 
sufficient to cover any loss and expense incurred by 
him in connection with such disinfection. It shall be 
the duty of the sanitary authority, when so requested 
by the owner or driver of such public conveyance, to 
provide for the disinfection of the same, and they may 
do so free of charge. 

71. Inspection of dairies, and power to prohibit sup- 
ply of milk. (1.) If the medical officer of health of 
any district has evidence that any person in the dis- 
trict is suffering from a dangerous infectious diseasef 
attributable to milk supplied within the district from 
any dairy situate within or without the district, or that 
the consumption of milk from such dairy is likely to 
cause any such infectious disease to any person resid- 
ing in the district, such medical officer shall, if autho- 
rised by an order of a justice having jurisdiction in 
the place where the dairy is situate, have power to 
inspect the dairy, and if accompanied by a veterinary 
inspector or sonic other properly qualified veterinary 
surgeonj to inspect the animals therein ; and, if on such 

* That is, by proceedings in a court of summary jurisdiction, 
under the Summary Jurisdiction Acts. 

f For the meaning of " dangerous infectious disease " see 
sec. 58. By sec. 141 " dairy" includes any farm, farm-house, 
cow-shed, milk-store, milk-shop, or other place from which milk 
is supplied or in which milk is kept for purposes of sale ; while 
a "dairyman" includes any cowkeeper, purveyor of milk, or 
occupier of a dairy. 

J A veterinary surgeon is a member of or on the registry of 
the Royal College of Veterinary Surgeons (44 & 45 Viet. c. 62), 
and a veterinary inspector is (under the Contagious Diseases 



INFECTIOUS DISEASES,^ PREVENTION. 113 

inspection the medical officer of health is of opinion 
that any such infectious disease is caused from con- 
sumption of the milk supplied therefrom, he shall 
report thereon to the sanitary authority,* and his 
report shall be accompanied by any report furnished 
to him by the said veterinary inspector or veterinary 
surgeon, and the sanitary authority may thereupon 
serve on the dairyman noticef to appear before them 
within such time, not less than twenty-four hours, as 
may be specified in the notice, to show cause why an 
order should not be made requiring him not to supply 
any milk therefrom, within the district^ until the order 
has been withdrawn by the sanitary authority. 

(2.) The sanitary authority, if in their opinion he 
fails to show such cause, may make the said order, and 
shall forthwith serve notice of the facts on the County 
Council of the county in which the dairy is situate, and 
on the Local Government Board, and, if the dairy is 
situate within the district of another sanitary autho- 
rity, on such authority. 

(3.) The said order shall be forthwith withdrawn 
on the sanitary authority or their medical officer of 
health on their behalf being satisfied that the milk 
supply has been changed, or that the cause of the 
infection has been removed. 

(4.) If any person refuses to permit the medical 

Amendment Act, 1878) an inspector (" being a member of the 
lioyal College of Veterinary Surgeons, or any veterinary surgeon 
qualified or approved by the Privy Council ") appointed either 
by the Privy Council or by the local authority under the Con- 
tagious Diseases Amendment Acts, 1878-86, as amended by the 
Local Government Act, 1888. In the county of London the 
County Council are the local authority outside the City ; while 
the Corporation of London are the authority within the City. 

* That is, to the sanitary authority under sec. 99, post. 

t See post, sees. 127 and 128. It will be observed that the 
notice may be served on a dairyman carrying on business not 
only beyond the district of the sanitary authority, but in 
another county. 

J That is, within the district o the sanitary authority making 
the order. 



114 THE PUBLIC HEALTH ACT, 1891. 

officer of health, on the production of a justice's order 
under this section, to inspect any dairy, or if so accom- 
panied as aforesaid to inspect the animals kept there, 
or, after any such order has been made, supplies any 
milk within the district in contravention of the order 
or sells it for consumption therein, he shall, on the 
information of the sanitary authority, be liable to a 
fine not exceeding five pounds, and, if the offence con- 
tinues, to a further fine not exceeding forty shillings* 
for every day during which the offence continues. 
(5.) Provided that 

(a.) proceedings in respect of the offence shall be 

taken before a court having jurisdiction in 

the place where the dairy is situate, and 
(6.) a dairyman shall not be liable to an action for 

breach of contract! if the breach be due to 

an order under this section. 

(6.) Proceedings may be taken under this section in 
respect of a dairy situate in the district of a local 
authority under the Public Health Acts, and the 
notice of the facts shall be served on the local autho- 
rity as if they were a sanitary authority within the 
meaning of this Act. 

(7.) Nothing in or done under this section shall 
interfere with the operation or effect of the Contagious 
Diseases (Animals) Acts, 1878 to 1886, or this Act, or 
of any order, license, or act of the Board of Agricul- 
ture^ or the Local Government Board thereunder, or 
of any order, bye-law, regulation, license, or act of a local 
authority made, granted, or done under any such order 
of the Board of Agriculture or the Local Government 

* As to these fines and their recovery, sec sec. 117. 

t That is, a contract to supply milk within the district of the 
sanitary authority making the order tinder sub-section 1. 

J As to the powers, etc., of the Board of Agriculture, see 52 & 
53 Viet. c. 30, which transfers to that body the powers previously 
exercised by the Privy Council under the Contagious Diseases 
Acts, 1878 to 1886. As to the powers of the Local Government 
Board, see sec. 28, ante, p. 66. 



INFECTIOUS DISEASES. PREVENTION. 115 

Board, or exempt any dairy, building, or tiling, or any 
person from the provisions of any general Act relating 
to dairies, milk, or animals. 

72. Prohibition of retention of dead body in certain 
cases. (1.) A person shall not without the sanction in 
writing of the medical officer of health, or of a legally 
qualified medical practitioner, retain unburied for 
more than forty-eight hours elsewhere than in a room 
not used at the time as a dwelling-place, sleeping-place, 
or workroom, the body of any person who has died of 
any dangerous infectious disease. 

(2.) If a person acts in contravention of this section 
he shall, on the information of the sanitary authority, 
be liable to a fine not exceeding five pounds.* 

73. Body of person dying of infectious disease in 
hospital, &c., to be removed only for burial. (1.) If a 
person dies in a hospitalf from any dangerous infec- 
tious disease, and the medical officer of health, or any 
legally qualified medical practitioner, certifies that in 
his opinion it is desirable, in order to prevent the risk 
of communicating such infectious disease, that the 
body be not removed from such hospital except for 
the purpdfce of being forthwith buried, it shall not be 
lawful for any person to remove the body except for 
that purpose ; and the body when taken out of such 
hospital shall be forthwith taken direct to the place of 
burial, and there buried. 

(2.) If any person wilfully offends 'against this 
section he shall, on the information of the sanitary 
authority, be liable to a fine not exceeding ten pounds. J 

(3.) Nothing in this section shall prevent the re- 

* As to the removal of the hody of a person who has died of 
an infectious disease to a mortuarj*, see post, sec. 89. For the 
meaning of the expression " dangerous infectious disease," sec 
sub-section 58 ; and as to the recovery of the fine under this 
section, etc., see sec. 117. 

t Sec sec. 141 as to the meaning of " hospital," and see. 58 
as to "infectious disease." 

I As to the recovery of the fine) sec sec. 117. 

I 2 



116 THE PUBLIC HEALTH ACT, 1891. 

moval of a dead body from a hospital to a mortuary, 
and such mortuary shall, for the purposes of this sec- 
tion,* be deemed part of such hospital. 

74. Disinfection of public conveyances if used for 
carrying corpses. If 

(a.) a person hires or uses a public conveyance! 
other than a hearse for conveying the body of 
a person who has died from any dangerous 
infectious disease, without previously notify- 
ing to the owner or driver of the conveyance 
that such person died from infectious disease, 
or 

(6.) the owner or driver does not, immediately 
after the conveyance has to his knowledge 
been used for conveying such body, provide 
for the disinfection of the conveyance, 

he shall, on the information of the sanitary authority, 
be liable to a fine not exceeding five pounds, and, if the 
offence continues, to a further fine not exceeding forty 
shillings for every day during which the offence con- 
tinues. 

Hospitals and Ambulances, 

75. Power of sanitary authority to provide hospitals. 
(1.) Any sanitary authority may provide for the use 
of the inhabitants of their district hospitals temporary 
or permanent, J and for that purpose may 

* That is, of sub-section (1.) As to mortuaries see post, 88-93. 

t As to the meaning "public conveyances," see note, ante, 
p. 111. As to the recovery of the fine for using a " public con- 
veyance, "see sec. 117. 

J But if they choose to exercise this power they must do so in 
such a manner as not to commit a nuisance. In the Managers 
of the Metropolitan District \. Hill, 6 App. Cases 193, Lord 
Blackburn said : " To gather together in one spot patients 
suffering from infectious disease is lawful, but it must be done 
under such guards as not to endanger the public health by 
communicating this infectious disease ; and, as it seenis to me, 
so as not to produce injury to the rights of the owners of adjoin- 
ing property by producing a nuisance to it." 



HOSPITALS AND AMBULANCES. 117 

(a.) themselves build such hospitals, or 

(fe.) contract for the use of any hospital or part of 

a hospital, or 

(c.) enter into any agreement with any person 
having the management of any hospital for 
the reception of the sick inhabitants of their 
district, on payment of such annual or other 
sum as may be agreed on. 

(2.) Two or more sanitary authorities may combine 
in providing a common hospital. 

76. Recovery of cost of maintenance of non-infectious 
patient in hospital. Any expenses incurred by a sani- 
tary authority in maintaining in a hospital (whether or 
not belonging to that authority) a patient who is not a 
pauper, and is not suffering from an infectious disease,* 
shall be a simple contract debt due to the sanitary 
authority from that patient, or from any person liable 
by law to maintain him ;f but proceedings for its re- 
covery shall not be commenced after the expiration of 
six months from the discharge of the patient, or, if he 
dies in such hospital, from the date of his death. 

77. Power to provide temporary supply of medicine. 
Any sanitary authority may, with the sanction of the 
Local Government Board, themselves provide, or con- 
tract with any person to provide, a temporary siipply 
of medicine and medical assistance for the poorer in- 
habitants of their district. 

78. Provision of conveyance for infected persons.- 
A sanitary authority may provide and maintain car- 

* It will be observed that this section deals with the case of 
a person who is ncit her a pauper iwr suffering from " an infectious 
disease." The charge of a person suffering from a " dangerous 
infectious disease" (sec. 58) must, whether he be a pauper or 
not, be borne by the sanitary authority under sec. GG, or by the 
Metropolitan Asylum Managers under sec. 67, in the conditions 
referred to in these sections. 

t It would seem that this debt will be recoverable either by 
summary proceedings under sec 117 or by action in the county 
court. 



118 THE PUBLIC HEALTH ACT, 1891, 

riages suitable for the conveyance of persons suffering 
from any infectious disease, and pay the expense of 
conveying therein any person so suffering to a hospital 
or other place of destination. 

79. Power for Metropolitan Asylum Board to pro- 
vide landing-places, vessels, ambulances, &c. (1.) The 
Metropolitan Asylum Managers shall continue to 
maintain the wharves, landing-places, and approaches 
thereto heretofore provided by them, whether within 
or without London, and may use the same for the em- 
barkation and landing of persons removed to or from 
any hospital belonging to the Managers, and for any 
other purpose in relation thereto. 

(2.) The Managers may also provide and maintain 
vessels for use in connection with the said wharves or 
landing-places, and with the hospitals of the Mana- 
gers, and also carriages suitable for the conveyance of 
persons suffering from any dangerous infectious disease, 
and shall cause the vessels and carriages to be from 
time to time properly cleansed and disinfected, and 
may provide and maintain such buildings and horses, 
and employ such persons, and do such other things as 
are necessary or proper for the purposes of such con- 
veyance.* 

(3.) The Metropolitan Asylum Managers may allow 
any of the said carriages with the necessary attendants 
to be also used for the conveyance of persons suffering 
from any dangerous infectious disease to and from 
hospitals and places other than hospitals provided by 
the Managers, and may make a reasonable charge for 
that use. 

80. Reception of non-pauper fever and small-pox 
patients into hospital in metropolitan district. (1.) The 
Metropolitan Asylum Managers, subject to such re- 
gulations and , restrictions as the Local Government 

* As to the expenses incurred by the Metropolitan Asylum 
Managers under this and other sections of the present Act see 
post, sec. 104. 



HOSPITALS AND AMBULANCES. 119 

Board prescribe, may admit any person, who is not a 
pauper, and is reasonably believed to be suffering from 
fever or small-pox or diphtheria, into a hospital provided 
by the Managers. 

(2.) The expenses incurred by the Managers for the 
maintenance of any such person shall be paid by the 
board of guardians of the poor law union from which 
he is received. 

(3.) The said expenses shall be repaid to the board 
of guardians out of tho metropolitan common poor 
fund.* 

(4.) The admission of a person suffering from an 
infectious disease into any hospital provided by the 
MetropoHtan Asylum Managers, or the maintenance of 
any such person therein, shall not be considered to be 
parochial relief, alms, or charitable allowance to any 
person, or to the parent or husband of any person ; 
nor shall any person or his or her parent or husband 
be by reason thereof deprived of any right or privilege, 
or be subjected to any disability or disqualification. 

81. Reception into hospital in Metropolitan district 
of child from school ouiside London. (1.) Where the 
London School Board send any childf to an industrial 
school which is provided by them outside London, 
such child shall for the purpose of the enactments 
relating to the Metropolitan Asylum Managers be 
deemed to continue to be an inhabitant of London, 
and if such child is sent to any hospital of those 
Managers he shall be deemed to have been sent from 
that place in London from which he was sent to the 
said industrial school. 

(2.) This section shall apply to that part of London 

* That is, a fund originally created by 30 Viet. c. 6, and raised 
by contributions from the several unions, parishes, etc., in the 
metropolis, in proportion to their rateable value, and in obedience 
to prescriptions from the Local Government Board. 

t As to the cost of maintenance of such a child in hospital 
see sec. 80 ; or in the case of his detention under sec. 67 see the 
section, sub-section (1). 



120 THE PUBLIC HEALTH ACT, 1891. 

which is not within the Metropolitan Asylum district 
as if it were within that district, and the board of 
guardians of the poor law union comprising that part 
shall pay for such child accordingly. 

Prevention of Epidemic Diseases. 

82. Sanitary authority to execute epidemic regula- 
tions. (1). The sanitary authority of any district 
within which or part of which regulations issued by 
the Local Government Board in pursuance of section 
one hundred and thirtv-f our of the Public Health Act, 
1875, set out in the First Schedule to this Act* (in this 
Act referred to as the epidemic regulations) are in 
force, shall superintend and see to the execution thereof, 
and shall appoint and pay such medical or other officers 
or persons, and do and provide all such acts, matters, 
and things, as may be necessary for mitigating any 
disease to which the regulations relate, or for superin- 
tending or aiding in the execution of such regulations, 
or for executing the same, as the case may require. 

(2.) The sanitary authority may direct any prosecu- 
tion or legal proceedings for or in respect of the wilful 
violation or neglect of any such regulation. 

(3.) The sanitary authority shall have power to enter 
on any premises or vesself for the purpose of executing 
or superintending the execution of any of the epidemic 
regulations. 

83. Poor law medical officers entitled to costs of 
attendance on board vessels. (1.) Whenever, in com- 
pliance with the epidemic regulations, any poor law 
medical officer performs any medical service on board 
any vessel, he shall be entitled to charge extra for such 
service, at the general rate of his allowance for services 
for the poor law union for which he is appointed ; and 

* See post, p. 174. 

t For definition of " premises " and " vessel " see sec, 141, 
A to powers of entry, see sec. 115. 



PREVENTION OF EPIDEMIC DISEASES. 121 

such charges shall be paid by the master of the vessel* 
on behalf of the owners thereof, together with any 
reasonable expenses for the treatment of the sick. 

(2.) Where such service is rendered by any medical 
practitioner who is not a poor law medical officer he 
shall be entitled to charge for the service, with extra 
remuneration on account of distance, at the rate which 
he is in the habit of receiving from private patients of 
the class of those attended and treated on shipboard, 
and such charge shall be paid as aforesaid. Any dispute 
in respect of such charge may, where the charges do 
not exceed twenty pounds, be determined by a petty 
sessional court ;f and that court shall determine sum- 
marily the amount which is reasonable, according to 
the accustomed rate of charge within the place where 
the dispute arises for attendance on patients of the 
like class as those in respect of whom the charge is 
made. 

84 Local Government Board may combine sanitary 
authorities. The Local Government Board may, if they 
think fit, by order, authorize or require any two or more 
sanitary authorities to act together for the purposes of 
the epidemic regulations, and prescribe the mode of 
such joiut action, and of defraying the cost thereof, 
and generally may make any regulations necessary or 
proper for carrying into execution this section. 

85. Metropolitan Asylum Managers a sanitary 
authority for prevention of epidemic diseases. (1.) The 
Metropolitan Asylum Managers shall within their dis- 
trict have for the purpose of the epidemic regulations 
such powers and dxities of a sanitary authority as may 
be assigned to them by the regulations ; and the Local 
Government Board may make regulations for that 

* By sec. 141 " master " in care of a vessel means " the master 
or other person in charge thereof." 

f As to meaning of "petty sessional court " see note to sec. 
5, ante, p. 41, Jf more than 20 is in dispute, the medical 
officer will have to resort to an action in the county court or the 
high court, 



122 THE PUBLIC HEALTH ACT, 1891. 

purpose, and thereby provide for the adjustment of the 
functions of the Managers relatively to those of any 
sanitary authorities. 

(2.) Subject to such regulations the Metropolitan 
Asylum Managers may use any of their property, real 
or personal, and their staff, for the execution of any 
powers or duties conferred or imposed on them under 
this section. 

86. Power to let hospitals, &c. Any authority or 
body of persons having the management and control of 
any hospital,* infirmary, asylum, or workhouse may let 
the same or any part thereof to the Metropolitan 
Asylum Managers, and enter into and carry into effect 
contracts with those Managers for the reception, treat- 
ment, and maintenance therein of persons suffering 
from cholera or choleraic diarrhoea within the district 
of the Managers : 

Provided that the power conferred by this section 
shall not, without the consent of the Local Govern- 
ment Board, be exercised with respect to any asylum 
under the Metropolitan Poor Act, 1867, or any work- 
house. 

87. Repayment to sanitary authorities of certain ex- 
penses. The amount expended in pursuance of the 
epidemic regulations by any sanitary authority in pro- 
viding any building for the reception of patients or 
other persons shall, to such extent as may be de- 
termined bv the Local Government Board, together 
with two thirds of the salaries or remuneration of any 
officers or servants employed in any such building 
under this Act, be repaid to such sanitary authority 
from the metropolitan common poor fundf by the re- 
ceiver of that fund, out of any moneys for the time 
being in his hands, on the precept of the said Board, 
to be issued after the production of such evidence in 
support of the expenditure as they may deem satis- 

* For a definition of "hospital " see post, sec. 141. 
t See note to sec. 80, ante. p. 119. 



MORTUARIES, ETC. 123 



factory, and the said Board may require contributions 
for the purpose of raising the sums so repayable. 

Mortuaries, &c. 

88. Power of local authority to provide mortuaries. 
Every sanitary authority shall* provide and fit up a 
proper place for the reception of dead bodies before 
interment (in this Act called a mortuary), and may 
make bye-laws with respect to the management and 
charges for the use of the same ; they may also provide 
for the decent and economical interment, at charges to 
be fixed by such bye-laws, of any dead body received 
into a mortuary. 

89. Power of justice in certain cases to order re- 
moval of dead body to mortuary. (1.) Where either 
(a.) the body of a person who has died of any 
infectious disease is retained in a room in 
which persons live or sleep ; or 
(6.) the body of a person who has died of any 
dangerous infectious disease is retained with- 
out the sanction of the medical officer of 
health or any legally qualified medical practi- 
tioner for more than forty -eight hours, else- 
where than in a room not used at the time as 
a dwelling-place, sleeping-place, or work- 
room ; or 

(c.) any dead body is retained in any house or 
room, so as to endanger the health of the 
inmates thereof, or of any adjoining or neigh- 
bouring house or building, 

a justice may, on a certificate signed by a medical 
officer of health or other legally qualified medical 

* This clause imposes a duty upon the sanitary authority, 
and therefore any default on their part may be dealt with under 
sees. 100 and 101 in the County of London outside the City ; 
and under sec. 135 in regard to the City of London. Sanitary 
authorities may, under sec. 91, post, combine to provide a 
mortuary. As to the making of bye-laws under this section 
see sees. 114 and 142 (3). 



124 THE PUBLIC HEALTIJ ACT, 1891. 

practitioner, direct that the body be removed, at the 
cost of the sanitary authority, to any available mor- 
tuary, and be buried within the time limited by the 
justice ; and may, if it is the body of a person who has 
died of an infectious disease, or if he considers im- 
mediate burial necessary, direct that the body be buried 
immediately, without removal to the mortuary.* 

(2.) Unless the friends or relations of the deceased 
undertake to bury and do bury the body within the 
time so limited, it shall be the duty of the relieving 
officer to bury such body, and any expense so incurred 
shall be paid (in the first instance) by the board of 
guardians of the poor la,w union, but may be recovered 
by them in a summary manner from any person legally 
liable to pay the expense of such burial. f 

(3.) If any person obstructs the execution of any 
direction given by a justice under this section he shall 
be liable to a fine not exceeding five pounds. J 

90. Power of sanitary authority to provide places for 
post-mortem examinations. (1.) Any sanitary authority 
may, and if required by the County Council shall, pro- 
vide and maintain a proper building (otherwise than at 
a workhouse) for the reception of dead bodies during 
the time required to conduct any post-mortem ex- 
aminations ordered by a coroner or other constituted 

* It will be observed that the three paragraphs of this sub- 
section deal with different subjects : (a) relates to the body of 
a person who has died from any infectious disease, (b) to the 
body of a person who has died from a dangerous infectious 
disease (as denned in sec. 58), and (c) to any body. As to the 
retention of the body referred to as (b) in a room used as a 
dwelling, sleeping-place, or work-place, see ante, sec. 72. 

t A parent must defray the expense of interring his child's 
body Vf he has the means (Beg. v. Vann, 21 L.J. M.C. 39). A 
husband is responsible for the expenses of burying the body of 
his wife ; Ambrose v. Kerrison, 10 C.B. 776. And any person in 
whose house a dead body lies is at common law bound to ha.v<3 
it decently buried ; Eeg. v. Price, 12 Q.B.D. 252. 

: See as to the recovery of this fine, see. 117, 



MOBttJABIES, ETC. 125 

authority, and may make regulations with respect to 
the management of such building.* 

(2.) Any such building may be provided in con- 
nection with a mortuary, but this enactment shall not 
authorize the conducting of any post-mortem examina- 
tion in a mortuary. 

91. Power to sanitary authorities to unite for pro- 
viding mortuary. Any sanitary authorities may, with 
the approval of the County Council, execute their duty 
under this Act with respect to mortuaries and build- 
ings for post-mortem examinations by combining for 
the purpose thereof, or by contracting for the use by 
one of the contracting authorities of any such mortuary 
or building provided by another of such contracting 
authorities, and may so combine or contract upon such 
terms as may be agreed upon. 

9 2 . Place for holding inquests. The County Council 
shall provide and maintain proper accommodation for 
the holding of inquests, and may by agreement with a 
sanitary authority provide and maintain the same in 
connection with a mortuary or a building for post- 
mortem examinations provided by that authority, or 
with any building belonging to that authority, and may 
do so on such terms as may be agreed on with the 
authority. 

93. Mortuary for unidentified bodies. (1.) The 
County Council may provide and fit up in London one 
or two suitable buildings to which dead bodies found 
in London and not identified, together with any cloth- 
ing, articles, and other things found with or on such 
dead bodies, may, on the order of a coroner, be removed, 
and in which they may be retained and preserved with 

* By sec. 105 (2) (c) a sanitary authority may borrow for this 
purpose. By the Coroner's Act, 1887 (50 & 51 Viet. c. 71), the 
coroner is empowered to order the removal of a dead body to 
the place provided for post-mortem examinations ; the expense 
of the removal being costs of the inquest. 



12ti THE PUBLIC HEALTH ACT, 1891. 

a view to the ultimate identification of such dead 
bodies.* 

(2.) A Secretary of State may make regulations as 
to 

(a.) the manner in which and conditions subject to 
which any such bodies shall be removed to 
any such building, and the payments to be 
made at such building to persons bringing 
any unidentified dead body for reception ; 
and 

(6.) the fees and charges to be paid 'upon the 
removal or interment of any such dead body 
which has been identified after its reception, 
and the persons by whom such fees and pay- 
ments are to be made, and the manner and 
method of recovering the same ; and 

(c.) the disposal and interment of any such 
bodies. 

(3.) The County Council may provide at the said 
buildings all such appliances as they think expedient 
for the reception and preservation of bodies, and may 
make regulations (subject to the provisions aforesaid) 
as to the management of the said buildings and the 
bodies therein, and as to the conduct of persons em- 
ployed therein or resorting thereto for the purpose of 
identifying any body. 

(4.) Subject to and in accordance with such regula- 
tions as may be made by a Secretary of State,t any 
such body found in London may (on the order in 
writing of a coroner holding or having jurisdiction to 
hold the inquest on the same) be removed to any 
building provided under this section, and, subject as 

* There is at present no such building in England ; although 
we need hardly say that such a building known as the Morgue 
has long existed in Paris. It is quite optional with the County 
Council to take action under this section. 

t Although any Secretary of State may make these regula- 
tions, they will in practice be made by the Home Secretary. 



BYE-LAWS AS TO HOUSES LET IN LODGINGS. 127 

aforesaid, the inquest on any such body shall be held 
by the same coroner and in the same manner as if the 
said building were within the district of such coroner. 

Bye-laws as to Houses lei in Lodgings. 
94. Power of sanitary authority to make bye-laws 
as to lodging-houses. (I.) Every sanitary authority 
shall make and enforce such bye-laws* as are requisite 
for the following matters ; (that is to say,) 

(a.) for fixing the number of persons who may 
occupy a house or part of a house which is 
let in" lodgings or occupied by members of 
more than one family, and for the separation 
of the sexes in a house so let or occupied : 
(6.) for the registration of houses so let or occu- 
pied : 

(c.) for the inspection of such houses : 
(d.) for enforcing drainage for such houses, and 
for promoting cleanliness and ventilation in 
such houses : 
(e.) for the cleansing and lime-washing at stated 

times of the premises: 
(/.) for the taking of precautions in case of any 

infectious disease. 
(2.) This section shall not apply to common lodging- 

* These bye-laws must be made under sees. 114 and 142 (3). They 
will, we may assume, follow the lines of the model bye-laws drawn 
up by the Local Government Board under the Public Health 
Act, 1875, in one very important respect at all events, that is to 
say, in exempting from the operation of this section all houses 
of more than a certain rateable value. For it is clear that it is 
only the poorer class of houses which, when let in lodgings, 
require the sort and degree of sanitary supervision which the 
section contemplates. It will be for each sanitary authority to 
draw the line of exemption with a due regard to the circumstances 
of their own district ; but we need hardly say that no bye-laws 
made by such an authority, either under this or any other 
provision of the Act, will take effect unless and until they have 
been confirmed by the Local Government Board. See post, sees. 
114 & 142 (3) and Schedule I. p. 175. 



128 THE PUBLIC HEALTH ACT, 189L 

houses within the Common Lodging Houses Act, 1851, 
or any Act amending the same.* 

Tents and Vans. 

95. Tents and vans used for human habitation. 
(1.) A tent, van, shed, or similar structure used for 
human habitation, which is in such a state as to be a 
nuisance or injurious or dangerous to health, or is so 
overcrowded as to be injurious or dangerous to the 
health of the inmates, whether or not members of the 
same family, shall be a nuisance liablef to be dealt with 
summarily under this Act. 

* These Acts were repealed as to the country generally by the 
Public Health Act, 1875, which re-enacted their provisions in 
an amended form. They still, however, remain in operation 
in the metropolitan police district, within which the adminis- 
trative county of London is included ; and they will continue 
to do so after the present Act comes into force. For in the 
metropolitan district the supervision of these houses is treated 
rather as one of police than of sanitation, and is, therefore, 
within the jurisdiction of the Commissioners of Police, and not 
of the sanitary authorities. What, then, are the "common 
lodging houses " which are by this sub-section exempted from 
the operation of the present Act? Curiously enough, there is 
no statutory definition of a common lodging house. The defi- 
nition hitherto acted upon in practice is supplied by an opinion 
given by the late Lord Chief Justice Cockburn and the late 
Lord Hatherley, when law officers of the Crown in 1853. " The 
term," say these very eminent lawyers, " appears to us to have 
reference to that class of lodging-houses in which persons of the 
poorer class are received for short periods, and, though strangers 
to one another, are allowed to inhabit one common room. \Ye 
are of opinion that it does not include hotels, inns, public- 
houses, or lodgings let to the upper and middle classes." They 
also stated that in their view " the period of letting is im- 
portant in determining whether a lodging-house comes under 
the Act in question." It has been very recently held in the 
case of Booth v. Ferrett, L.E. 25 Q.B.D. 87, that a house main- 
tained as a charitable institution, and not for purposes of gain, 
was not a common lodging house within the meaning of the 
Acts. 

t A nuisance liable to be dealt with under this Act is a 
nuisance with which the sanitary authority is bound to deal on 
pain of being itself dealt with as in default under sees. 100 and 



TENTS AKD VANS'. 129 

(2.) A sanitary authority may make bye-laws* for 
promoting cleanliness in, and the habitable condition 
of, tents, vans, sheds, and similar structures used for 
human habitation, and for preventing the spread of 
infectious disease by the persons inhabiting the same, 
and generally for the prevention of nuisances in con- 
nection with the same. 

(3.) Where any person duly authorized by a sanitary 
authority or by a justice has reasonable cause to sup- 
pose either 

(a.) that any tent, van, shed, or similar structure 
used for human habitation is in such a state 
or so overcrowded as aforesaid, or that there 
is any contravention therein of any bye-law 
made under this section ; or 

(6.) that there is in any such tent, van, shed, or 
structure any person suffering from a dan- 
gerous infectious disease,f 

he mav enter by day such tent, van, shed, or structure, 
and examine the same and every part thereof in order 
to ascertain whether such tent, van, shed, or structure 
is in such a state or so^overcrowded as aforesaid, or 
whether there is therein any such contravention, or a 
person suffering from a dangerous infectious disease, 
and the provisions of this Act with respect to the entry 
into any premises by an officer of the sanitary authority 
shall apply to the entry by any person duly authorized 
as aforesaid. 

(4.) Nothing in this section shall apply to any tent, 
van, shed, or structure erected or used by any portion 
of Her Majesty's naval or military forces. 

101. Under the present section, therefore, every sanitary 
authority must include tents, vans, sheds, etc., in the action 
which they are hound to take for the abatement of nuisances 
under the first eleven sections of the Act, so far as these are 
applicable. 

* See sees. 114 and 142 (3.) 

t As to the meaning of " dangerous infectious disease " sea 
sec. 58, and of "day," sec. 141. The provisions of the Act as to 
entry are contained in sec. 115. 

K 



130 THE PUBLIC HEALTH ACT, 1891. 

Underground Rooms. 

96. -^-Provisions as to the occupation of underground 
rooms as dwellings. (1.) Any underground room,* 
which was not let or occupied separately! as a dwelling 
before the passing of this Act,J shall not be so let or 
occupied unless it possesses the following requisites ; 
that is to say, 

(a.) unless the room is in every part thereof at 
least seven feet high measured from the floor 
to the ceiling, and has at least three feet of its 
height above the surface of the street or 
ground adjoining or nearest to the room : 
Provided that, if the width of the area herein- 
after-mentioned is not less than the height of 
the room from the floor to the said surface of 
the street or ground, the height of the room 
above such surface may be less than three 
feet ; but it shall not in any case be less than 
one foot, and the width of the area need not 
in any case be more than six feet ; 

(6.) unless every wall of the room is constructed 
with a proper damp course, and, if in contact 
with the soil, is effectually secured against 
dampness from that soil ; 

* As to the meaning of " underground room " see post, sub- 
section (9) of the present clause. 

t As to what is separate occupation as a dwelling, see post, 
sub-section (6). The present clause only affects, or is applicable 
to, underground rooms separately occupied in accordance with 
the definition in sub-section (6). 

$ 5th August, 1891. It will be observed that the date in this 
case is that of the passing of the Act, and not that at which the 
Act comes into operation. Underground rooms let or occupied 
before the passing of the Act will remain for six months (sec post, 
sub-section (3) after that date under the provisions of the Metro- 
polis Local Management Act, 1855 (18 & 19 Viet. c. 120 s. 103), 
which are at present in force, and which must be referred to by 
those who desire to know what is the existing law. 

As to what constitutes occupation, or as to the proof there- 
of, see post, sub-sections (7) and (8). 



UNDERGROUND ROOMS. 131 

(e.) unless there is outside of and adjoining the 
room and extending along the entire frontage 
thereof and upwards from six inches below 
the level of the floor thereof an open area 
properly paved at least four feet wide in every 
part thereof : Provided that in the area there 
may be placed steps necessary for access to the 
room, and over and across such area there 
may be steps necessary for access to any build- 
ing above the underground room, if the steps 
in each case be so placed as not to be over or 
across any external window ; 

(d.) unless the said area and the soil immediately 
below the room are effectually drained ; 

(e.) unless, if the room has a hollow floor, the 
space beneath it is sufficiently ventilated to 
the outer air ; 

(/.) unless any drain passing under the room is 
properly constructed of a gas-tight pipe ; 

((/.) unless the room is effectually secured against 
the rising of any effluvia or exhalation ; 

(h.) unless there is appurtenant to the room the 
use of a water-closet and a proper and suffi- 
cient ash-pit ; 

(i.) unless the room is effectually ventilated ; 

(j.) unless the room has afire-place with a proper 
chimney or flue ; 

(/<;.) unless the room has one or more windows 
opening directly into the external air with a 
total area clear of the sash frames equal to at 
least one tenth of the floor area of the room, 
and so constructed that one half at least of 
each window of the room can be opened, and 
the opening in each case extends to the top of 
the window. 

(2.) If any person lets or occupies, or continues to 
let, or knowingly suffers to be occupied, any under- 
ground room contrary to this enactment, he shall be 
liable to a fine not exceeding twenty shillings for every 

K 2 



132 THE PUBLIC HEALTH ACT, 1891. 

day during which the room continues to be so let or 
occupied.* 

(3.) The foregoing provisions shall at the expiration 
of six months after the commencement of this Act ex- 
tend to underground rooms let or occupied separately 
as dwellings before the passing of this Act, except that 
the sanitary authority, either by general regulations 
providing for classes of underground rooms, or on the 
application of the owner of such room in any particular 
case, may dispense with or modify any of the said 
requisites which involve the structural alteration of 
the building, if they are of opinion that they can pro- 
perly do so having due regard to the fitness of the room 
for human habitation, to the house accommodation in 
the district, and to the sanitary condition of the in- 
habitants and to other circumstances ; but any requisite 
which was required before the passing of this Act shall 
not be so dispensed with or modified. f 

(4.) The dispensations and modifications may be 
allowed either absolutely or for a limited time, and may 
be revoked and varied by the sanitary authority, and 
shall be recorded together with the reasons in the 
minutes of the sanitary authority. 

(5.) If the owner of any room feels aggrieved by a 
dispensation or modification not being allowed as re- 
gards that room, he may appeal to the Local Govern- 
ment Board, and that Board may refuse the dispensa- 
tion or modification, or allow it wholly or partly, as if 
they were the sanitary authority. Such allowance may 
be revoked or varied by the Board, but not by the 
sanitary authority. 

(6.) Where two or more undergound rooms are 
occupied together, and are not occupied in conjunction 
with any other room or rooms on any other floor of the 
same house, each of them shall be deemed to be sepa- 
rately occupied as a dwelling within the meaning of 
this section. 

* As to tlie recovery ofjjthis penalty see sec. 117, post. 
t As to these, see 18 & 19 Viet. c. 120, sec. 103. 



UNDERGROUND ROOMS. 133 

(7.) Every underground room in which a person, 
passes the night shall be deemed to be occupied as a 
dwelling within the meaning of this section ; and 
evidence giving rise to a probable presumption that 
some person passes the night in an underground room 
shall be evidence, until the contrary is proved, that such 
has been the case. 

(8.) Where it is shown that any person uses an un- 
derground room as a sleeping-place, it shall, in any 
proceeding under this section, lie on the defendant to 
show that the room is not separately occupied as a 
dwelling. 

(9.) For the purpose of this section the expression 
" underground room " includes any room of a house 
the surface of the floor of which room is more than 
three feet below the surface of the footway of the ad- 
joining street, or of the ground adjoining or nearest to 
the room. 

97 ' .--Enforcement of provisions as to underground 
rooms. (1.) Any officer of a sanitary authority ap- 
pointed or determined by that authority for the purpose 
shall, without any fee or reward, report to the sanitary 
authority, at such times and in such manner as the 
sanitary authority may order, all cases in which 
xmderground rooms are occupied contrary to this Act 
in the district of such authority. 

(2.) Any such officer or any other person having 
reasonable grounds for believing that any underground 
room is occupied in contravention of this Act may 
enter and inspect the same at any hour by day ;* and 
if admission is refused to any person other than an 
officer of the sanitary authority the like warrant may 
be granted by a justice under this Act as in case of 
refusal to admit any such officer. 

(3.) A warrant of a justice authorizing an entry 

* That is, by soc. 141, between G a.m. and 9 p.m. If it is 
desired to enter at other times, the wan-ant of a justice must be 
obtained under the next sub-section, and in accordance with the 
provisions of SQC. 115 (3). 



134 THE PUBLIC HEALTH ACT, 1891. 

into an underground room may authorize the entry 
between any hours specified in the warrant. 

98. Provision in case of two convictions for unlaw- 
fully occupying underground room. Where two convic- 
tions for an offence relating to the occupation of an 
underground room as a dwelling have taken place 
within a period of three months (whether the person 
convicted were or were not the same), a petty sessional 
court may direct the closing of the underground room 
for such period as the court mav deem necessary. r 
may empower the sanitary authority of the di- 
permanently to close the same, in such manner as they 
think fit, at their own cost. 

Authorities for Execution of Act. 
99. Definition of sanitary authority. (1.) Subject 
to the provisions of this Act, the sanitary authority 
for the execution of this Act (in this Act referred to 
as " the sanitary authority ") shall be as follows : 
(namely,) 

(a.) in the City of London the Commissioners of 

Sewers ; and ~ 

(&.) in each of the parishes mentioned in Schedule 
(A.)* to the Metropolis Management Act, 
1855, as amended by the Metropolis Manage- 
ment Amendment Act, 1885, and the Metro- 
polis Management (Battersea and West- 

* The following are the parishes referred to in this sub- 
section : Saint Marylebone, Saint Pancras, Lambeth, Saint 
George Hanover Square, Saint Mary Islington, Saint Leonard 
Shoreditch, Paddington, Saint Matthew Bethnal Green, Saint 
Mary Newuigton (Surrey), Camberwell, Saint James West- 
minster, Saint James and Saint John Clerkenwell (to be con- 
sidered as one parish), Chelsea, Saint Mary Abbott Kensington, 
Saint Luke Middlesex, Saint George the Martyr Southwark, 
Bermondsey, Saint George-in-the-East, Saint *Martin-in-tke- 
Fields, Hamlet of Mile End Old Town, Kotherhithe, Saint John 
Hampstead, Saint Peter Hammersmith, Saint Paul Fulham, 
Saint Mary Battersea (excluding Pengej, Saint Margaret and 
Saint John the Evangelist Westminster. 



AUTHORITIES FOR EXECUTION OF ACT, 135 

minster) Act, 1887, other than Woolwich, 
the vestry of the parish ; and 
(c.) in each of the districts mentioned in Schedule 
(B.)* to the same Act, as so amended, the 
district board for the district ; and 
(cZ.) in the parish of Woolwich, the local board of 

health ; and 

(e.) in any place mentioned in Schedule (C.)t to 
the Metropolis Management Act, 1855, the 
board of guardians for such place or for any 
parish or poor law union of which it forms 
part, or, if there is no such board of 
guardians, the overseers of the poor for such 
place, or for the parish in which it is situate, 
and the said guardians and overseers respec- 
tively shall have the same powers for the 
purposes of this Act as a vestry or district 
board have under this Act, and their expenses 
shall be defrayed in the same manner as the 
expenses of the execution of the Acts relat- 
ing to the relief of the poor are defrayed in 
the said place. 

(2.) The area within which this Act is executed by 
any sanitary authority is in this Act referred to as the 
district of that authority. 

(3.) The purposes for which a committee of a vestry 
or district board may be appointed under the Metro- 
polis Management Act, 1855, and the Acts amending 
the same,;}: shall include the purposes of this Act, and 

* That is to say : Whitechapel, Greenwich, Wandsworth, 
Hackney, Saint Giles, Holborn, Strand, Limehouse, Poplar, 
Saint Saviour, Plumstead, Lewisham, Saint Olave. 

t The close of the Collegiate Church of Saint Peter, the 
Charterhouse, Inner Temple, Middle Temple, Lincoln's Inn, 
Gray's Inn, Staple Inn, FurnivaPs Inn. 

t See 18 & 19 Viet. c. 120, ss. 58 & 59. By sec. 58 vestries and 
district boards are empowered to appoint a committee or com- 
. mittees for any purpose which in the discretion of the board or 
vestry would be better regulated and managed by means of such 
committee ; and at any meeting may continue, alter, or discon- 



136 THE PUBLIC HEALTH ACT, 1891. 

the provisions of those Acts with respect to committees 
shall apply accordingly. 

(4.) Where a sanitary authority appoint a com- 
mittee for the purposes of this Act, that committee, 
subject to the terms of their appointment, may serve 
and receive notices, take proceedings, and empower 
any officer of the authority to make complaints and 
take proceedings in their behalf, and otherwise to 
execute this Act.* 

(5.) A sanitary authority may acquire and hold 
land for the purposes of their duties without any 
license in mortmain. 

100. Power of County Council to prosecute on default 
of sanitary authority. -The County Council, on it being 
proved to their satisfaction that any sanitary authority f 
have made default in doing their duty under this Act 
with respect to the removal of any nuisance, the insti- 
tution of any proceedings, or the enforcement of any 
bye-law, may institute any proceeding and do any act 
which the authority might have instituted or done for 
that purpose, and shall be entitled to recover from the 
sanitary authority in default all such expenses^ in and 
about the said proceeding or act as the County Council 
incur, and are not recovered from any other person, 

tinue such committee : provided always that the acts of every 
such committee shall be submitted to the general body of the board 
or vestry appointing such committee for their approval. By 
sec. 59 it is provided that any committee so appointed may meet 
from time to time, and may adjourn from place to place, as they 
may think proper ; but no business is to be transacted at any 
meeting of the committee unless three members of the committee 
arc present. 

* A notice given by a sanitary inspector without any authority 
from or direction by the vestry was held bad ; St. Leonard's 
Vestry v. Holmes, 50 J.P. 132. It would in like manner be bad 
under this Act, unless given under the orders of the sanitaiy 
authority or of a committee appointed and acting under the last 
and the present sub-section. 

t That is, any sanitary authority outside the City of London. 
As t'o the City see sec. 138. 

Under sec. 117. 



AUTHORITIES FOE EXECUTION OF ACT. 137 

and have not been incurred in any unsuccessful pro- 
ceeding. 

101. Proceedings on complaint to Local Government 
Board of default of sanitary authority. (1.) Where 
complaint is made by the County Council to the Local 
Government Board that a sanitary authority* have 
made default in executing or enforcing any provisions 
which it is their duty to execute or enforce of this Act, 
or of any bye-law made in pursuance thereof, the 
Local Government Board, if satisfied after due inquiry 
that the authority have been guilty of the alleged 
default, and that the complaint cannot be remedied 
\mder the other provisions of this Act,f shall make an 
order limiting a time for the performance of the duty 
of such authority in the matter of such complaint. If 
such duty is not performed by the time limited in the 
order, the order may be enforced by writ of mandamus, 
or the Local Government Board may appoint the County 
Council to perform such duty. 

(2.) Where such appointment is made, the County 
Council shall, for the purpose of the execution of their 
duties under the said appointment, have all the powers 
of the defaulting sanitary authority, and all expenses 
incurred by the County Council in the execution of the 
said duties, together with the costs of the previous 
proceedings, so far as not recovered from any other 
person, shall be a debt from the sanitary authority in 
default to the County Council, and shall be paid by the 
sanitary authority out of any moneys or rate J applicable 
to the payment of the expenses of performing the 
duty in which they have made default. 

(3.) For the purpose of recovering such debt, the 
County Council, without prejudice to any other power of 

* That is such an authority outside the City of London ; 
sec. 133. 

t That is to say, under the last section (sec. 100). 

To be recovered by the County Council under sec. 117 post ; 
or under sub-section 3 of the present section. 

See sec, 103. 



138 THE PUBLIC HEALTH ACT, 1891. 

recovery, shall have the same power of levying the 
amount by a rate,* and of requiring officers of the 
defaulting authority to pay over money in their hands, 
as the defaulting authority would have in the case of 
expenses legally payable out of a rate raised by that 
authority, f 

(4.) The County Council shall pay any surplus of the 
rate so levied to or to the order of the defaulting 
author 'ty. 

(5.) If any loan is required to be raised for the 
purpose of the execution of their duties under the said 
appointment, the County Council, with the consent of 
the Local Government Board, may raise the same, and 
may for that purpose borrow^ the required sum in the 
name of the defaulting authority for the' same period, 
on the same security, and on the same terms as that 
authority might have borrowed, and the principal and 
interest of such loan shall be a debt due from the 
defaulting authority, and shall be secured and may 
be recovered in like manner as if the loan had been 
borrowed by that authority. 

(6.) The surplus (if any) of any loan not applied 
for the purpose for which it is raised shall, after pay- 
ment of the expenses of raising the same, be paid to 
or to the order of the defaulting authority, and be 
applied as if it were the surplus of a loan raised by 
that authority. 

102. Application of Public Health Acts to Wool- 
wich. (1.) The provisions of the Public Health Acts, 
which are set out in the Second Schedule to this Act, 
except so far as they are superseded by this Act, shall 

* See sec. 103. 

t By 18 & 19 Viet. c. 120, s. 65 (Metropolis Management Act, 
1855) proceedings to compel payment of money in the hands 
due from an officer may be taken before two justices, who may 
direct the same to be levied by distress on the defaulting officer's 
goods, or if no sufficient distress be found commit him to gaol 
for three months if the money be not sooner paid. 

J As to borrowing powers and their exercise see sec. 105. 

See post, p. 177. 



AUTHORITIES FOR EXECUTION OF ACT. 139 

extend to the parish of Woolwich, and to the local 
board of health thereof, in like manner as they apply 
to any urban sanitary district elsewhere, and the 
sanitary authority thereof, without prejudice to the 
existing effect of the Metropolis Management Act, 
1855, and the Acts amending the same, or to the 
powers, duties, and liabilities of the County Council and 
the -local board of health of Woolwich under the latter 
Acts. 

(2.) The Woolwich Local Board may borrow for the 
purposes of this Act in like manner as if those pur- 
poses were purposes of the Public Health Acts. 

103. Expenses of execution of Act. The expenses 
incurred by sanitary authorities in London under this 
Act shall, save as otherwise in this Act mentioned, be 
defrayed as follows ; (namely,) 

In the case of the Commissioners of Sewers* out 
of their sewer rate and consolidated rate, or 
either of such rates : 

In the case of any vestry or district board, out of 
their general rate :f 

* The Commissioners of Sewers are appointed by the Common 
Council of the City of London under 11 & 12 Vic. c. clxiii., 
amended by 14 & 15 Viet. c. xci., and 38 & 39 Viet. c. iv. They 
have jurisdiction over the drains, sewers, etc., of the City, in 
respect of which they may raise a sewer rate of 4d. in the 
pound; and they have also charge of the paving, lighting, 
cleansing, and improving the streets, and generally over the 
sanitary administration of the City, in respect of which and of 
their general expenses they may raise a consolidated rate of 
Is. 6d. in the pound ; and they may also borrow on the security 
of both the sewers and consolidated rates. 

t By 18 & 19 Viet. c. 120, s. 158, the vestries and district 
boards are empowered to issue precepts to the overseers of, 
directing them to raise the sums therein specified, for the pur- 
poses indicated, by a sewers rate, a lighting rate, and a general 
rate the latter being, by the Act we have mentioned, devoted to 
the expense of executing the Metropolis Management Acts. The 
" general rate " will now also include the expenses of executing 
the present Act. There is 110 limit to the rate per pound of any 
of these rates. 



140 THE PUBLIC HEALTH ACT. 1891. 

In the case of the Local Board of Health of Wool- 
wich, out of the district fund or general 
district rate.* 

104. Expenses of Metropolitan Asylum Board. (1.) 
All expenses incurred by the Metropolitan Asylum 
Managers in the execution of the provisions of this 
Act relating to the provision and maintenance of 
carriages, buildings, and horses, and the conveyance 
in such carriages of persons suffering from any danger- 
ous infectious disease shall to such extent as the Local 
Government Board may sanction be defrayed out of 
the metropolitan common poor fund.f 

(2.) Save as aforesaid, all expenses incurred by the 
said Managers in the execution of this Act shall so 
far as they are not recovered from guardians in pursu- 
ance of this Act be defrayed in the same manner as 
the expenses mentioned in section thirty-one of the 
Metropolitan Poor Act, 1867, are to be defrayed under 
that section ; J and shall be raised and be recoverable hi 
the same manner as expenses under that Act. 

(3.) The provision of vessels and buildings in pur- 
suance of this Act shall be purposes for which the 
Metropolitan Asylum Managers may borrow in pursu- 
ance of the Metropolitan Poor Act, 1867, and any Acts 
amending the same. 

105. Poiver of vestries and district boards to borrow. 
(1.) The proyision of hospitals and of mortuaries 
under this Act, and the purposes of the epidemic regu- 
lations under this Act, shall be purposes for which 
vestries and district boards are authorized to borrow. 

(2.) A sanitary authority, with the consent of the 

* That is under sees. 201 and 211 of the Public Health Act 
extended to Woolwich by Schedule II., post, p. 177. 

t See ante, p. 119. 

J That is " by contributions from the unions and parishes 
forming the district ; " the same being assessed on and contri- 
buted by them respectively in proportion to the annual rate- 
able value of the property therein comprised (sec. 55). 

See respectively, ante, sees, 75, 82 and 88. 



AUTHORITIES FOR EXECUTION OF ACT. 141 

Local Government Board, may borrow for the purpose 
of providing, as required or authorised by this Act 
(a.) sanitary conveniences, lavatories, and ash-pits 

and 

(fe.) premises, apparatus, carriages, and vessels 
for the disinfection, destruction, and removal 
of infected articles, and 

(c.) a building for post-mortem examinations and 
accommodation for the holding of inquests.* 
(3.) The purposes for which a sanitary authority are 
authorized under this Act to borrow shall be purposes 
for which that authority may borrow under the Acts 
relating to the execution of the other duties of that 
authority, and, where the consent of the Local Gov- 
ernment Board is required and given to any such 
loan, the consent of any other authority shall* not be 
required.f 

106. Appointment of medical officers of health. 
(1.) Every sanitary authority shall appoint one or 
more medical officers of health for their district.^ 

(2.) The same person may, with the sanction of the 
Local Government Board, be appointed medical officer 
of health for two or more districts, by the sanitary 
authorities of such districts; and the Local Government 

* As to (a), see sec. 74 ; as to (b), sec. 59 ; as to (c), sec. 90. 

t The exercise of the borrowing powers given to the vestries 
and district boards by sec. 183 of the 18 & 19 Viet, is subject to 
the sanction of the County Council. The effect of this section 
is to extend these powers to expenses incurred under this Act, 
but to make the sanction of the County Council unnecessary to 
their exercise where the sanction of the Local Government 
Board is required by, and given under the Act. The Com- 
missioners of Sewers have a perfectly " free hand " in borrowing. 
The local board of Woolwich may, under sec. 102 (2), ante, 
borrow (subject to the sanction of the Local Government Board), 
under sees. 233-243 of the Public Health Act, 1875. See post, 
Schedule II., p. 

$ As to qualification, appointment, etc., of these officers, see 
post, sec. 108. Sec. 139 makes temporary provision for the case 
of existing officers. 



142 THE PUBLIC HEALTH ACT, 1891. 

Board shall prescribe the mode of such appointment, 
and the proportions in which the expenses of such 
appointment and the salary and charges of such officer 
shall be borne by such authorities. 

(3.) Every person appointed or re-appointed after 
the commencement of this Act* as medical officer of 
health of a district shall (except during the two 
months next after the time of his appointment, or 
except in cases allowed by the Local Government 
Board) reside in such district or within one mile of 
the boundary thereof, and, if while not so residing as 
required by this enactment he assumes to act or 
receives any remuneration as siich medical officer of 
health, he shall cease to hold the office. 

(4.) A medical officer of health may exercise any 
of the powers with which a sanitary inspector is 
invested. 

(5.) The annual report of a medical officer of health 
to the sanitary authority shall be appended to the 
annual report of the sanitary authority. 

107. Appointment of sanitary inspectors. (1.) 
Every sanitary authority shall appoint an adequate 
number of fit and proper persons as sanitary inspectors,f 
aiid may distribute among them the duties to be per- 
formed by sanitary inspectors, and every such in- 
spector shall be a person qualified and competent by 
his knowledge and experience to perform the duties of 
his office. 

(2.) Where the Local Government Board, on a 
representation from the County Council, and after local 
inquiry, are satisfied that any sanitary authority have 
failedf to appoint a sufficient number of sanitary 
inspectors, the Board may order the authority to 
appoint such number of additional sanitary inspectors 
tnd to allow them such remuneration as the order 

* But as to existing officers see sec. 139 (2). 
j- As to the qualification, appointment, etc., of these iu- 
o-pectors see post, sec. 108. 
J See post, sec. 129. 



AUTHORITIES POE EXECUTION OP ACT. 143 

directs, and the sanitary authority shall comply with 
the order.* 

(3.) The sanitary inspectors shall report to the 
sanitary authority the existence of any nuisances ; and 
the sanitary authority shall cause a book to be kept in 
which shall be entered all complaints made of any 
infringement of the provisions of this Act or of any 
bye-laws made thereunder, or of nuisances ; and every 
such inspector shall forthwith inquire into the truth 
or otherwise of such complaints, and report upon the 
same, and such report shall be laid before the sanitary 
authority at their next meeting, and together with the 
order of the sanitary authority thereon shall be 
entered in a book, which shall be kept at their office, 
and shall be open at all reasonable times to the inspec- 
tion of any inhabitant of the district, and of any 
officer either generally or specially authorized for the 
purpose by the County Council ; and it shall be the 
duty of such inspector, subject to the direction of the 
sanitary authority, or of a committee thereof ,f to make 
complaints before justices and take legal proceedings 
for the punishment of any person for any offence 
under this Act or any such bye-laws. 

108. Provisions as to medical officers and sanitary 
inspectors. (2.) Subject to the provisions of this Act 
as to existing officers J the Local Government Board 
shall have the same powers as they have in the case of 
a district medical officer of a poor law union with 
regard to the qualification, appointment, duties, salary, 

* They may be compelled to do so by mandamus. 

t See "ante, sec. 99 (4). 

See post, sec. 139. 

g These powers were conferred by the 4 & 5 William IV. c. 76, 
6. 46 ; and in virtue of them the Local Government Board have 
not only issued orders dealing generally with the qualification, 
appointment, salary, tenure of office, etc., of district medical 
officers, but they have also issued an order, dated 28th March, 
1889, containing regulations as to the qualification, appoint- 
ment, duties, etc., of medical officers of health in the metro- 
polis. 



144 THE PUBLIC HEALTH ACT, 1891. 

and tenure of office of every medical officer of health 
and sanitary inspector, and one half of the salary of 
every such medical officer and sanitary inspector shall 
be paid by the County Council out of the Exchequer 
contribution account in accordance with section twenty- 
four of the Local Government Act, 1888,* and that 
section shall be construed as if in sub-section two 
thereof the reference to the Public Health Act, 1875, 
included a reference to this Act. 
(2.) Provided that 

(a.) A medical officer of health shall be legally 
qualified for the practice of medicine, surgery, 
and midwifery, and also either be registered 
in the Medical Eegister as the holder of a 
diploma in sanitary science, public health, or 
State medicine under section twenty-one of 
the Medical Act, 1886,f or have been during 

* This section, after reciting the cessation of the Govern- 
ment grants out of which half the salaries of these officers 
were formerly paid, proceeds (as amended) to provide that " the 
council of each county shall, in future, out of the county fund 
(Exchequer contribution account), pay to every local authority 
for any area wholly or partly in the county by whom a medical 
officer of health or inspector of nuisances is paid one half of 
the salary of such officer where his qualification, appointment, 
salary, and tenure of office are in accordance with the regula- 
tions made by order under the [Public Health (London) Act, 
1891] or any Act repealed by that Act ; but if the Local Govern- 
ment Board certify to the council that such medical officer has 
failed to send to the Local Government Board such report and 
returns as are for the time being required by the regulations 
respecting the duties of such officer made by order of the Board 
under any of the said Acts, a sum equal to such half of the 
salary shall be forfeited to the Crown, and the council shall pay 
the same into Her Majesty's exchequer and not to the said 
local authority. 

t This section provides that every registered medical practi- 
tioner to whom a diploma for proficiency in sanitary science, 
public health, or state medicine has been granted by any college 
or faculty of physicians or surgeons, or university in the United 
Kingdom, shall, if such diploma appears to the Privy Councilor 
to the General Council (i.e., the council under the Act) to 
deserve recognition, be entitled, on payment of such fee as the 



AUTHORITIES FOR EXECUTION OF ACT. 145 

three consecutive years preceding the year 
one thousand eight hundred and ninety-two a 
medical officer of a district or combination of 
districts in London or elsewhere with a popu- 
lation according to the last published census 
of not less than twenty thousand, or have 
before the passing of the Local Government 
Act, 1888, been for not less than three years 
a medical officer or inspector of the Local 
Government Board ; and 

(&.) A medical officer of health shall be removable 
by the sanitary authority with the consent of 
the Local Government Board, or by that 
Board, and not otherwise : 

Provided that the Local Government Board 
shall take into consideration every repre- 
sentation made by the sanitary authority for 
the removal of any medical officer, whether 
based on the general interests of the district, 
on the conduct of such officer, or on any 
other ground ; and 

(c.) Any such medical officer shall not be ap- 
pointed for a limited period only ; and 

((?.) A sanitary inspector appointed after the first 
day of January one thousand eight hundred 
and ninety-five shall be holder of a certificate 
of such body as the Local Government Board 
may from time to time approve, that he has 
by examination shown himself competent for 
such office, or shall have been, during three 
consecutive years preceding the year one 
thousand eight hundred and ninety-five, a 
sanitary inspector or inspector of nuisances 
of a district in London, or of an urban sani- 
tary district out of London containing, ac- 
cording to the last published census, a popu- 

Gencral Council may appoint, to have such diploma entered in 
the medical register, in addition to any other diploma or 
diplomas in respect of which he is registered. 

L 



146 THE PUBLIC HEALTH ACT, 1891. 

lation of not less than twenty thousand in- 
habitants. 

109. Temporary arrangement for duties of medical 
officer or sanitary inspector. A sanitary authority, 
where occasion requires, may, with the sanction of 
the Local Government Board, make any temporary 
arrangement for the performance of all or any of the 
duties of a medical officer of health or sanitary in- 
spector, and any person appointed by virtue of any 
such arrangement to perform those duties, or any of 
them, shall, subject to the terms of his appointment, 
have all the powers, duties, and liabilities of a medical 
officer of health or sanitary inspector as the case 
may be. 

110. Jurisdiction as to ships. (1.) For the pur- 
poses of this Act any vessel lying in any river or other 
water within the district of a sanitary authority shall 
(subject to the provisions of this Act with respect to 
the port sanitary authority of the port of London) be 
subject to the jurisdiction of that authority in the 
same manner as if it were a house within such 
district. 

(2.) The master of any such vessel* shall be deemed 
for the purposes of this Act to be the occupier of such 
vessel. 

(3.) This section shall not apply to any vessel under 
the command or charge of any officer bearing Her 
Majesty's commission, or to any vessel belonging to 
any foreign government. 

Port Sanitary Authority of Port of London. 
111. Port sanitary authority of port of London. 
The Mayor, Commonalty, and Citizens of the City of 
London shall continue to be the port sanitary 
authority of the port of London, as established for the 
purposes of the laws relating to the customs of the 

* This means " master," or other person in charge thereof 
sec. 141). 



PORT SANITARY AUTHORITY OP PORT OF LONDON. 147 

United Kingdom, and shall pay out of their corporate 
funds all their expenses as such port sanitary 
authority. 

112. Powers of port sanitary authority of port of 
London. (1.) The Local Government Board may by 
order assign to the port sanitary authority of the port 
of London any powers, rights, duties, capacities, lia- 
bilities, or obligations of a sanitary authority under 
this Act, or of a sanitary authority under the Public 
Health Act, 1875, and any Act extending or amending 
the same respectively, with such modifications and 
additions (if any) as may appear to the Board to be 
required, and the order may extend to the said port a 
bye-law made under this Act otherwise than by the 
port sanitary authority, and any such bye-law until so 
extended shall not extend to the said port ; and the 
said port sanitary authority shall have the powers, 
rights, duties, capacities, liabilities, and obligations 
assigned by such order in and over all waters within 
the limits of the said port,* and also in and over such 
districts or parts of districts of riparian authorities as 
may be specified in any such order, and the order may 
extend this Act, and any part thereof, and any bye-law 
made thereunder, to such waters and districts and 
parts of districts when not situate in London. 

(2.) The said port sanitary authority may acquire 
and hold land for the purposes of their constitution 
without any license in mortmain. 

(3.) The said port sanitary authority may, with the 
sanction of the Local Government Board, delegate to 
any riparian authority the exercise of any powers con- 
ferred on the port sanitary authority by the order of 
the Board ; but except in so far as such delegation 
extends no other authority shall exercise any powers 

* It is almost unnecessary to say that the limits of the port 
of London extend beyond the boundaries not only of the city 
but of the county of London. They may be varied from time 
to time by warrant of the Commissioners of the Treasury under 
the Acts relating to the Customs. 

L 2 



148 THE PUBLIC HEALTH ACT, 1891. 

conferred on such port sanitary authority by the 
order of the Board within the limits of the port of 
London. 

(4.) " Riparian authority " in this section means 
any sanitary authority under this Act and any sani- 
tary authority under the Public Health Act, 1875, 
whose district or part of whose district forms part of 
or abuts on any part of the said port, and any con- 
servators, commissioners, or other persons having 
authority in or over any part of the said port. 

Application of Public Health Acts as to Cholera, &c. 

113. Powers of Local Government Board as to 
epidemic diseases. The sections of the Public Health 
Acts (relating to regulations and orders of the Local 
Government Board with respect to cholera, or other 
epidemic, endemic, or infectious diseases) set out in 
the First Schedule to this Act,* shall extend to Lon- 
don, and shall apply in like manner as if a sanitary 
authority under this Act were a local authority within 
the meaning of those sections. 

Bye-laws. 

114- All bye-laws made by the County Council or 
by any sanitary authority under this Act shall be 
made subject and according to the provisions with 
respect to bye-laws contained in sections one hundred 
and eighty-two to one hundred and eighty-six of the 
Public Health Act, 1875, and set forth in the First 
Schedule to this Act ;f and those sections shall apply 
in like manner as if the County Council or sanitary 
authority were a local authority. 

Provided that the County Council, in making any 
bye-laws which will have to be observed and enforced 
by any sanitary authority, shall consider any representa- 
tions made to the council by that authority, and not 

* See post, p. 174. f See post, p. 175. 



LEGAL PROCEEDINGS. 149 

less tlian two months before applying to the Local 
Government Board for the confirmation of any such 
bye-laws, shall send a copy of the proposed bye-laws to 
every such authority. 

Legal Proceedings. 

115. General provisions as to powers of entry. (1.) 
Where a sanitary authority have by virtue of this Act 
power to examine or enter any premises, whether a 
building, vessel, tent, van, shed, structure, or place, 
open or enclosed, they may examine or enter by any 
members of the authority, or by any officers or persons 
authorized by them, either generally* or in any par- 
ticular case. 

(2.) Where a sanitary authority, or their officers, 
or any persons acting under such authority, or under 
any of their officers, have, by virtue of any enactment 
in this Act, a right to enter any premises, whether a 
building, vessel, tent, van, shed, structure, or place, 
open or enclosed, then, subject to any special provi- 
sions contained in such enactment, the following 
provisions shall apply, that is to say 

(a.) The person so claiming the right to enter 
shall, if required, produce some written docu- 
ment, properly authenticated! on the part of 
the sanitary authority, showing the right of 
the person producing the same to enter ; 
(6.) Any person refusing or failing to admit any 
person who is authorized and claims to enter 
the premises shall if 

(i.) the entry is for the purpose of carrying into 
effect an order of a court of summary juris- 
diction, and either is stated in the said docu- 
ment to be for that purpose or is claimed 
by an officer of the sanitary authority, or 

* By " generally " it is meant that an authority may be given 
to enter in specified contingencies, or whenever such a step may 
be necessary or expedient. 

t As to the mode of authentication, see post, sec. 127. 



150 THE PUBLIC) HEALTH ACT, 1891. 

(ii.) it is proved that the refusal or failure is 
with intent to prevent the discovery of 
some contravention of this Act or any bve- 
law under this Act, or 

(iii.) the refusal or failure is declared by the 
enactment conferring the right of entry to 
render the person refusing or failing sub- 
ject to a fine, 
be liable to a fine not exceeding five pounds.* 

(3.) If a justice is satisfied by information on oath 

(a.) that there is reasonable ground for such 
entry, and that there has been a refusal or 
failure to admit to such premises, and either 
that reasonable notice of the intention to 
apply to a justice for a warrant has been 
given, or that the giving of notice would 
defeat the object of the entry, or 

(&.) that there is reasonable cause to believe that 
there is on the said premises some contraven- 
tion of this Act or of any bye-law under this 
Act, and that an application for admission or 
notice of an application for the warrant would 
defeat the object of the entry, 

the justice may by warrant under his hand authorize 
the sanitary authority or their officers or other persons, 
as the case may require, to enter the premises, and if 
need be by force, with such assistants as they or he 
may require, and there execute their duties under this 
Act. 

(4.) Any person obstructing the execution of any 
such warrant, or of any warrant granted by a justice 
in pursuance of any other provision of this Act, and 
authorizing the entry by the sanitaiy authority or 
their officer or any other person into any premises, 
shall be liable to a fine not exceeding twenty pounds,* 

* Recoverable under sec. 117, post. 



LEGAL PROCEEDINGS. 151 

Or, in a case where a greater punishment is imposed 
by this Act or any other enactment, either to such fine 
or to that greater punishment. 

(5.) The warrant shall continue in force until the 
purpose for which the entry is necessary has been 
satisfied. 

6.) Where a house or part of a house is alleged to 
be overcrowded so as to be a nuisance liable to be 
dealt with summarily under this Act, a warrant under 
this section may authorize an entry into such house or 
part of a house at any hour of the day or night speci- 
fied in the warrant. 

116. Penalty on obstructing execution of Act. (1.) 
If any person 

(a.) wilfully obstructs any member or officer of a 
sanitary authority or any person duly em- 
ployed hi the execution of this Act, or, 

(6.) destroys, pulls down, injures, or defaces any 
bye-law, notice, or other matter put up by 
authority of the Local Government Board or 
County Council, or of a sanitary authority, 01 
any board or other thing upon which such 
bye-law, notice, or matter is placed or in- 
scribed, or 

(c.) wilfully damages any works or property be- 
longing to any sanitary authority, 

he shall be liable to a fine not exceeding five pounds.* 
(2.) Where the occupier of any premises prevents 
the owner thereof from obeying or carrying into effect 
any provision of this Act a petty sessional court,* on 
complaint, shall by order require such occupier to 
permit the execution of any works which appear to the 
court necessary for the purpose of obeying or carrying 
into effect such provision of this Act ; and if within 

* As to the meaning of this term see note to sec. 5, ante, p. 41. 
As to the service of the order, sec. 128 ; and as to recovery of the 
penalty under this and the next sub-section sec sec. 117. 



152 THE PUBLIC HEALTH ACT, 1891. 

twenty-four hours after service on him of the order 
such occupier fails to comply therewith, he shall be 
liable to a fine not exceeding five pounds for every day 
during the continuance of such non-compliance. 

(3.) If the occupier of any premises, when requested 
by or on behalf of the sanitary authority to state the 
name and address of the owner of the premises, 
refuses or wilfully omits to disclose or wilfully mis- 
states the same, he shall (unless he shows cause to the 
satisfaction of the court for his refusal) be liable to a 
fine not exceeding five pounds. 

117. Summary proceedings for offences, expenses, &c. 
(1.) All offences, fines, penalties, forfeitures, costs, 
and expenses under this Act or any bye-law made 
under this Act directed to be prosecuted) recovered 
in a summary manner, or the prosecution or recovery 
of which is not otherwise provided for, may be pro- 
secuted and recovered in manner directed by the 
Summary Jurisdiction Acts.* 

* That is, before a police magistrate or two justices, in 
accordance with the provisions of the Summary Jurisdiction 
Acts 1848 and 1879 (11 & 12 Viet. c. 43, and 42 & 43 Viet. c. 49). 
f It must be observed that two entirely different kinds of pro- 
ceedings may be taken by virtue of this section under the 
Summary Jurisdiction Acts. In the first place, there may be 
a criminal proceeding in order to obtain a conviction and 
compel payment of a fine for an offence against the statute. 
In that case, if the court inflicts a fine, it will make an order 
for the levy of a distress upon the defendant's goods ; and if 
these are not sufficient to discharge the fine, imprisonment 
will immediately follow. But, in the second place, there may 
be a proceeding to recover costs and expenses incurred under 
one or more sections of the Act. These costs and expenses 
are not the less a civil debt because payment is enforced in a 
court of summary jurisdiction. And with regard to them, it is 
provided by sec. 35 of the Summary Jurisdiction Act, 1879, that 
an order for their payment, or for the payment of any instalment 
thereof, shall not in default of distress or otherwise be enforced 
by imprisonment, unless it be proved to the satisfaction of the 
court, or of any other court of summary jurisdiction for the 
same county or place, that the person making default either has 
or has had since the date of the order the means to pay the sum 
due, and has neglected or refused to pay the same. 



LEGAL PROCEEDINGS. 153 

(2.) Proceedings for the recovery of a demand not 
exceeding fifty pounds, which a sanitary authority or 
any person are or is empowered to recover in a sum- 
mary manner, may, at the option of the authority or 
person, be taken in the county court as if such demand 
were a debt.* 

(3.) A proceeding under this Act shall not be taken 
by the County Council against a sanitary authority save 
with the sanction of the Local Government Board, 
unless such proceeding is for the recovery of expenses 
or of money due from the sanitary authority to the 
council, f 

118. Evidence by defendant. Any person charged 
with an offence under this Act, and the wife or 
husband of such person, may, if such person thinks fit, 
be called, sworn, examined, and cross-examined as an ' 
ordinary witness in the case. 

119. Application of fines and disposal of things for- 
feited. (1.) All fines recovered under this Act shall, 
notwithstanding anything in any other Act, be paid to 
the sanitary authority and applied by them in aid of 
their expenses in the execution of this Act, except that 
any fine imposed on the sanitary authority shall be 
paid to the County Council. 

(2.) All things forfeited under this Act may be sold 
or disposed of in such manner as the court ordering 
the forfeiture may direct. 

120. Proceedings in certain cases against nuisances. 
(1.) Where any nuisance under this Act appears to 
be wholly or partially caused by the acts or defaults of 
two or more persons the sanitary authority or other 

* But the action cannot be brought after the six months from 
the accrual of the cause thereof, within which summary pro- 
ceedings must have been taken under sub-section 1 (Tottenham 
Local Board v. Rowell, L.R. 1 Ex. D. 514). 

+ That is to say, the assent of the Local Government Board 
will be required for proceedings under sec. 22, but not for pro- 
ceedings under sec. 100. 



154 THE PUBLIC HEALTH ACT, 1891. 

complainant may institute proceedings against any one 
of such persons, or may include all or any two or more of 
them in one proceeding ;* and any one or more of such 
persons may be ordered to abate the nuisance, so far 
as it appears to the court having cognizance of the 
case to be caused by his or their acts or defaults, or 
may be prohibited from continuing any acts or defaults 
which in the opinion of the court contribute to the 
nuisance, or may be fined or otherwise punished, not- 
withstanding that the acts or defaults of any one of 
such persons would not separately have caused a 
nuisance ; and the costs may be distributed as to the 
court may appear fair and reasonable. 

(2.) Proceedings against several persons included in 
one complaint shall not abate by reason of the death 
of any among the persons so included, but all such 
proceedings may be carried on as if the deceased 
person had not been originally so included. 

(3.) Where some only of the persons by whose act 
or default any nuisance has been caused have been 
proceeded against under this Act, they shall, without 
prejudice to any other remedy, be entitled to recover 
in a summary manner from the other persons who 
were not proceeded against a proportionate part of the 
costs of and incidental to such proceedings and abating 
such nuisance, and of any fine and costs ordered to be 
paid by the court in such proceedings. 

(4.) Whenever in any proceedings under the provi- 
sions of this Act relating to nuisances it becomes 
necessary to mention or refer to the owner or occupier 
of any premises, it shall be sufficient to designate him 
as the "owner" or "occupier" of such premises, 
without name or further description.f 

* When there was a flow of sewage from several houses without 
appreciable damage from each, but the accumulation caused a 
nuisance on other properties, the occupiers of each of the houses 
were held liable under a similar clause in the Public Health 
Act, 1875. Hendon Union (Guardians of) v. Boidcs, 30 L.T. 
(N.S.), 609. 

t And as to service of notice on owner or occupier sec post, 
sec. 128 (3). 



LEGAL PROCEEDINGS* 155 

121 .-^-Recovery of expenses by sanitary authority from 
owner or occupier. Any costs and expense^ which are 
recoverable under this Act by a sanitary authority 
from an owner of premises may be recovered from the 
occupier for the time being of such premises ; and the 
owner shall allow the occupier to deduct any money 
which he pays under this enactment out of the rent 
from time to time becoming due in respect of the 
premises, as if the same had been actually paid to the 
owner as part of the rent :* Provided that 

(a.) the occupier shall not be so required to pay 
any further sum than the amount of rent 
which either is for the time being due from 
him, or which after demand from him of such 
costs or expenses, and noticef not to pay any 
rent without first deducting the same,+ be- 
comes payable by him, unless he refuses, on 
the application of the sanitary authority, truly 
to disclose the amount of his rent and the 
name and address of the person to whom such 
rent is payable ; but the burden of proof that 
the sum demanded from any such occupier is 
greater than the aforesaid amount of rent 
shall lie on such occupier ; and 

(6.) nothing in this section shall affect any con- 
tract between any owner and occupier of 
any premises whereby the occupier agrees 
to pay or discharge all rates, dues, and 
sums of money payable in respect of 
such premises, or shall affect any con- 

* This may be done even although the sum claimed is due 
from a former o\vner of the premises, and whether he was or was 
not the landlord of the present tenant. Vestry of Bcrmondsey v. 
Ramsay, L.R. GC.P. 247. 

t As to the service of notice by the sanitary authority see 
sees. 127 and 128. 

The occupier cannot deduct from his rent any sum which 
he has received notice to pay until he has actually paid it. 
Ryan \. Thompson, L.R. 3, C.P. 144. 



156 THE PUBLIC HEALTH ACT, 1891. 

tract whatsoever between landlord and 
tenant.* 

122. Justice to act though member of sanitary autho- 
rity or liable to contribute. A judge or justice of the 
peace shall not be incapable of acting in cases arising 
under this Act by reason of his being a member of 
any sanitary authority, or by reason of his being, as 
one of several ratepayers, or as one of any other class 
of persons, liable in common with the others to con- 
tribute to or to be benefited by any rate or fund, out 
of which any expenses incurred by a sanitary authority 
are to be defrayed.f 

123. Appearance of sanitary authority in legal pro- 
ceedings. The County Council or a sanitary authority 

* The effect of this clause of the section is to compel either 
landlord or tenant to bear the burthen of any costs and expenses 
recoverable from either by the sanitary authority, in conformity 
with the provisions and covenants in any lease to which they may 
be parties or by which they may be bound, in regard to the mode 
in which rates, dues, charges, etc., are to be payable in respect 
of the premises. Whether the tenant or the landlord is liable 
to bear such charges or any of them, and if so which, depends 
upon the terms of the covenants in each particular lease. A 
large number of cases have been decided upon particular cove- 
nants ; but it would serve but little purpose to refer at length to 
them, because they are, of course, only authorities when the 
same words happen to be used. The following are, we think, 
likely to be found most useful and instructive : Sweet v. Scager, 
2. C.B. (N.S.), 119; Tidswcll v. Whitworth, L.R. 2 C.P. 326; 
Rawlins v. Briggs, L.R. 3 C.P.D. 368 ; and as to water rates, 
Badcock v. Hunt, 22 Q.B.D. 145. 

t But a justice is disqualified from acting if he has any per- 
sonal pecuniary interest in a case ; if he has such a substantial 
interest other than pecuniary in a case as to make it likely that 
he will have a bias ; or if he is not only a member of a sanitary 
authority, corporation, or other local body by which a prosecu- 
tion is instituted, but was, as such, actually a party to its institu- 
tion. If he does act under these circumstances, any order or 
conviction in which he may join may be quashed. It is, how- 
ever, always within the power of the parties to a case to waive 
any objection to a justice acting on the ground of his disqualifi- 
cation by interest ; and if they once waive an objection on this 
ground they cannot afterwards take advantage of it. 



LEGAL PROCEEDINGS. 157 

may appear before any court or in any legal proceeding 
by their clerk, or by any officer or member authorised 
generally or in respect of any special proceeding by 
resolution of such council or authority ; and their clerk, 
or any officer or member so authorised, shall be at 
liberty to institute and carry on any proceeding which 
the County Council or sanitary authority are authorised 
to institute and carry on under this Act.* 

124. Protection of sanitary authority and their 
officers from personal liability. No matter or thing 
done, and no contract entered into by the County 
Council or any sanitary authority, and no matter or thing 
done by any member of such council or authority, or 
by any officer of such council or authority or other 
person whomsoever acting under the direction of such 
council or authority, shall, if the matter or thing were 
done or the contract were entered into bond fide for 
the purpose of executing this Act, subject them or any 
of them personally to any action, liability, claim, or 
demand whatsoever ; and any expense incurred by the 
County Council or any such authority, member, officer, 
or other person acting as last aforesaid, shall be borne 
and repaid out of the rate applicable by that council 
or authority to the purposes of this Act :f 

* Neither a clerk nor any officer of a sanitary authority can, 
however, take any proceedings unless they are duly authorised 
either by the sanitary authority or a committee thereof, as pro- 
vided by sec. 90, ante. A direct authority need not, it is said, be 
given to the clerk to appear in court in support of proceedings 
duly taken by direction of the sanitary authority ; but if it is 
intended that any other officer, such as a sanitary inspector, 
should so appear, either generally or in any particular case, a 
resolution to that effect should be passed, and a copy in writing 
thereof ought to be given to the officer as his authority to act 
under the present clause. 

t The meaning of this is, that if any one is injured by any- 
thing done, bond fide and without negligence (1) under a contract 
entered into by the County Council or the sanitary authority ; or 
(2) by any person acting under their direction or authority his 
remedy will lie against the County Council or the sanitary 
authority, and not against the contractor or other person by 



158 THE PUBLIC HEALTH ACT, 1891. 

Provided that nothing in this section shall exempt 
any member of the County Council or of any such 
authority from liability to be surcharged with the 
amount of any payment which may be disallowed by 
the auditor in the accounts of such council or autho- 
rity, and which that member authorised or joined in 
authorising. 

Appeal. 

125. Appeal to quarter sessions. Any person who 
deems himself aggrieved by any conviction or order 
made by a court of summary jurisdiction on determin- 
ing any information or complaint under this Act* may, 
save as otherwise provided in this Act, appeal there- 
from to a court of quarter sessions. 

126. Provision as to appeals to County Council. 
Any appeal to the County Council against a notice or 
act of a sanitary authorityt under this Act shall be 
conducted in accordance with sections two hundred 

whom the -work is carried out or the act or thing done. A con- 
tractor will, however, be liable for any injury caused by his own 
negligence or that of his servants ; and in that case the local 
body will not be responsible. If judgment is recovered against a 
local board, the amount thereof may be recovered (1) by an 
execution upon the goods or property of the board ; or (2) a 
mandamus will issue to compel them to pay the sum due out of 
the rates. But the individual members of the council or board 
will not be liable to the plaintiff. On the other hand, they may 
be individually surcharged by the district auditor in respect of 
the burthen thrown upon the rates, through any action on their 
part which was illegal or -ultra vires. From that liability they 
are not relieved by this section ; as is made clear by the con- 
cluding proviso. 

* That is, any defendant. The exception to the general rule 
thus laid down is contained in sec. 6, sub-section (2), which 
provides that there shall be no appeal to quarter sessions 
against a nuisance order unless it is or includes a prohibition 
or closing order (see sec. 5, sub-sections (2) and (3) ), or requires 
the execution of structural works. 

t That is, any sanitary authority outside the City of London. 
There is no appeal from the Commissioners of Sewers to the 
County Council (sec. 133). 



NOTICES. 159 

and eleven and two hundred and twelve of the 
Metropolis Management Act, 1855, which sections, as 
modified by the Local Government Act, 1888, are set 
out in the First Schedule to this Act.* 

Notices. 

127. (!) Authentication of notices, &c, Notices, 
orders, and other such documents under this Act shall 
be in writing ; and notices and documents other than 
orders, when issued by the County Council or a sanitary 
authority, shall be sufficiently authenticated if signedf 
by their clerk or by the officer by whom the same are 
given or served. 

(2.) Orders shall be under the seal of the council 
or authority duly authenticated. 

128. (!) Service of notices. Any notice, order, 
or other document required or authorised to be served 
under this Act may be served by delivering the same 
or a true copy thereof either to or at the usual or last 
known residence J in England of the person to whom it 
is addressed ; or, where addressed to the owner or 
occupier of premises, then to some person on the 
premises ; or, if there is no person on the premises who 
can be so served, then by fixing the same or a true 
copy thereof on some conspicuous part of the premises ; 
it may also be served by sending the same or a true 
copy thereof by post addressed to a person at such 
residence or premises as above mentioned. 

(2.) Any notice required or authorised for the 
purposes of this Act to be served on a sanitary 
authority or on the County Council shall be deemed to 
be duly served if in writing delivered at, or sent by 

* Sec post, p. 176. 

f It would seem that this signature may be impressed by a 
stamp. Blades v. Laurence, L.K. 9 Q.B. 374. 

J A place of business has been held to be a " residence," 
although as a general rule the word has its ordinary significa- 
tion. Mason v. Bibby, 2 H. & C. 881. 



160 THE PUBLIC HEALTH ACT, 1891. 

post to, the office of the authority or council, addressed 
to such authority or council, or their clerk. 

(3.) Any notice by this Act required to be given to 
or served on the owner or occupier of any premises 
may be addressed by the description of the " owner " 
or "occupier" of the premises (naming them) in 
respect of which the notice is given or served, without 
further name or description. 

Miscellaneous Provisions. 

129. Inquiries by Local Government Board. Sec- 
tions two hundred and ninety-three to two hundred 
and ninety-six of the Public Health Act, 1875, which 
are set forth in the First Schedule to this Act,* shall 
apply to all inquiries which the Local Government 
Board may make in pursuance of or for the purposes 
of this Act. 

130. Forms. The forms in the Third Schedule to 
this Act,f or forms to the like effect, varied as circum- 
stances may require, may, unless other forms are pre- 
scribed under the Summary Jurisdiction Act, 1879, be 
used and shall be sufficient for all purposes. 

131. Provision for apportionment of certain expenses 
between hamlet of Penge and remainder of Lewisham 
district. Where the whole or any part of any expense 
incurred by the Lewisham District Board of Works, 
in pursuance of the epidemic regulations, may, under 
this Act, be repaid to that board out of the metro- 
politan common poor fund, the amount to be so repaid 
when ascertained shall be apportioned between the 
hamlet of Penge and the remainder of the Lewisham 
district in proportion to the rateable value of such 
hamlet and remainder, according to the valuation lists 
in force at the date of the apportionment, and the 
amount apportioned to the hamlet of Penge shall be 
repaid to the district board by the board of guardians 
for the Croydon Union out of the common fund of the 

* See post, p. 176. t See post 179, 



CITY OF LONDON. 161 

union, in pursuance of a precept of the Local Govern- 
ment Board to be issued after the like proceedings 
and in the like manner as in the case of a repayment 
from the metropolitan common poor fund ; and the 
amount apportioned to the remainder of the Lewisham 
district shall be repaid to the district board out of the 
metropolitan common poor fund. 

132. Extent of Act. This Act shall (save as other- 
wise expressly provided) extend only to London : 

Provided that this Act shall extend to places else- 
where so far as is necessary for giving effect to a.uy 
provisions thereof in their application to London and 
to any places to which such provisions are expressly 
applied.* 

City of London. 

133. Application of Act to City. In the application 
of this Act to the City of London the following modi- 
fications shall be made : 

(-.) There shall be no appeal under this Act from 
the Commissioners of Sewers to the County 
Council : 
(6.) The bye-laws made by the County Council 

under this Act shall not extend to the City : 
(c.) The County Council shall not have power 
under this Act to require the Commissioners 
of Sewers to provide and maintain a building 
for post-mortem examinations : 
(d.) The powers of the County Council under this 
Act to proceed in case of default of a sanitary 
authority shall not extend to the Commis- 
sioners of Sewers. 

134. Power of city police to proceed in certain cases 
against nuisances. Where it is proved to the satisfac- 
tion of the Local Government Board that the Commis- 

* See ante, sec. 14 (power to proceed where cause of nuisance 
arises without the district) ; sec. 21 (4) (proceedings in respect of 
an offensive business without the district) ; and sec. 112 (power 
of port sanitary authority of port of London). 



162 THE PUBLIC HEALTH ACT, 1891. 

sioners of Sewers have made default in doing their 
duty in relation to nuisances under this Act, the 
Board may authorise any officer of police of the City 
of London to institute any proceeding which the 
commissioners might institute with regard to such 
nuisances, and that officer may recover from the com- 
missioners in a summary manner* or in the county 
court or High Court any expenses incurred by him, 
and not paid by the person proceeded against. Such 
officer of police shall not for the purpose of this 
section be at liberty to enter any housef or part of a 
house used as the dwelling of any person without 
either such person's consent or the warrant of a 
justice. 

135. (!) Proceedings on complaint to Local Govern- 
ment Board of default of Commissioners of Sewers. 
Where complaint is made to the Local Government 
Board that the Commissioners of Sewers have made 
default in executing or enforcing any provisions of 
this Act, the Local Government Board, if satisfied, 
after due inquiry, that those commissioners have been 
guilty of the alleged default, shall make an order 
limiting a time for the performance of their duty in 
the matter of such complaint. If the duty is not 
performed by the time limited in the order, the order 
may be enforced by writ of mandamus, or the Local 
Government Board may appoint some personj to per- 
form the duty, and shall by order direct that the 
expenses of performing the same, together with a 
reasonable remuneration to the person appointed for 
superintending the performance, and amounting to a 
sum specified in the order, together with the costs of 
the proceedings, shall be paid by the Commissioners of 

* That is, as provided by the Summary Jurisdiction Acts (11 
& 12 Viet. c. 43 and 42 & 43 Viet. c. 49, s. 41). 

t The meaning of " house " is defined by sec. 141. 



+ In the case of a corresponding default on the part of any 
City of London, the County 
Council ara (sec. 101) to be appointed to discharge the duty of 



sanitary authority outside the City of London, the County 
Council ara (sec. 101) to 
the defaulting authority. 



CITY OF LONDON. 163 

Sewers, and any order made for the payment of such 
expenses and costs may be removed into the High 
Court, and enforced as an order of that court.* 

(2.) Any person so appointed shall, in the per- 
formance and for the purposes of the said duty, be 
invested with all the powers of the Commissioners of 
Sewers other than (save as herein-after provided) the 
powers of levying rates ; and the Local Government 
Board may by order change any person so appointed. 

(3.) Any sum specified in an order of the Local 
Government Board for payment of the expenses of 
performing the duty of the Commissioners of Sewers, 
together with the costs of the proceedings, shall be 
deemed to be expenses properly incurred by those 
commissioners, and to be a debt due from them, and 
payable out of any moneys in their hands or the hands 
of their officers, or out of any rate applicable to the 
payment of any expenses properly incurred by the 
commissionersf (which rate is in this section referred to 
as "the looal rate"). If the commissioners refuse to 
pay any such debt for a period of fourteen days after 
demand, the Local Government Board may by order 
empower any person to levy, by and out of the local 
rate, such sum (to be specified in the order) as may, 
in the opinion of the Local Government Board, be 
sufficient to defray the debt, and all expenses incurred 
in consequence of the nonpayment thereof. 

(4.) Any person so empowered shall have the same 
powers of levying the local rate, and requiring all 
officers of the Commissioners of Sewers to pay over any 
money in their hands, as the commissioners would 
have in the case of expenses legally payable out of a 
local rate to be raised by them ; and the said person, 
after repaying all sums of money so due in respect of 
the order, shall pay the surplus, if any (the amount to 
be ascertained by the Local Government Board), to or 
to the order of the Commissioners of Sewers. 

* See Rules of the Supreme Court, 1883, order xlii. rules 24 
and 31. 
f That is, out of the consolidated rate (sec. 103). 

M 2 



164 THE PUBLIC HEALTH ACT, 1891. 

(5.) The Local Government Board may certify the 
amount of expenses incurred, or an estimate of the 
expenses about to be incurred, by any person ap- 
pointed by the Board under this section to perform 
the duty of the commissioners ; also, the amount of 
any loan required to defray any expenses so incurred, 
or estimated as about to be incurred ; and the certifi- 
cate of the Board shall be conclusive as to all matters 
to which it relates. 

(6.) Whenever the Local Government Board so 
certifies a loan to be required, that Board, or the 
person so appointed, may, by any instrument duly 
executed, charge the local rate. with the repayment of 
the principal and interest due in respect of the loan, 
and every such charge shall have the same effect as if 
the Commissioners of Sewers were empowered to raise 
the loan on the security of the local rate, and had duly 
executed an instrument charging the same on. that rate. 

(7.) Any principal money or interest for the time 
being due in respect of a loan under this section shall 
be a debt due from the Commissioners of Sewers, and, 
in addition to any other remedies, may be recovered in 
the manner in which a debt due from those commis- 
sioners may be recovered in pursuance of this section.* 

(8.) The surplus (if any) of any such loan, after 
payment of the expenses aforesaid, shall, on the 
amount thereof being certified by the Local Govern- 
ment Board, be paid to or to the order of the Commis- 
sioners of Sewers. 

(9.) " Expenses," for the purposes of this section, 
shall include all sums payable under this section by or 
by the order of the Local Government Board, or the 
person appointed by that Board, f 

Saving Clauses. 
136. Saving for water rights. Nothing in this Act 

* See ante, sub-section (3) of the present section, 
t As to sums included under the head of " expenses," sec ante, 
sub-sections (1) and (3). 



TEMPORARY PROVISIONS. 165 

shall be construed to authorise any sanitary authority 
to injuriously affect the navigation of any river or canal, 
or to divert or diminish any supply of water of right 
belonging to any river or canal ; or to injuriously affect 
any reservoir, canal, river or stream, or the feeders 
thereof, or the supply, quality, or fall of water, contained 
in any reservoir, canal, river, stream, or in the feeders 
thereof, in cases where any person would, if this Act had 
not been passed, have been entitled by law to prevent 
or be relieved against the injuriously affecting of such 
reservoir, canal, river, stream, feeders, or such supply, 
quality, or fall of water, unless the sanitary authority 
first obtain the consent in writing of the person so 
entitled as aforesaid. 

137. Saving for Thames Conservators. Nothing in 
this Act shall affect any power of the Conservators of 
the Thames under the Thames Navigation Act, 1870, 
or otherwise. 

138. Powers of Act to be cumulative. All powers, 
rights, and remedies given by this Act shall be in 
addition to and not in derogation of any other powers, 
rights, and remedies conferred by any Act of Parlia- 
ment, law, or custom, and all such other powers, rights, 
and remedies may be exercised and put in force in the 
same manner and by the same authority as if this Act 
had not passed. 

Temporary Provisiu/iu. 

139. Existing officers. (1.) In the case of any 
medical officer of health or inspector of nuisances who 
holds office under an appointment made before the 
commencement of this Act* (in this section referred to 
as an existing officer), the provisions of this Act with 
respect to his salary and tenure of office shall be quali- 
fied as follows ; that is to say, 

* As to medical officers and inspectors of nuisances appointed 
in the case of the former after the commencement of the Act 
on January 1st, 1892, and in the case of the latter after January 
1st, 1895, see ante, sec. 108. 



166 THE PUBLIC HEALTH ACT, 1891. 

(a.) Where a portion of his salary is paid by the 
County Council out of the Exchequer con- 
tribution account, the Local G-overnment 
Board shall have the same powers as they 
have in the case of a district medical officer 
of a poor law union with regard to the quali- 
fication, appointment, duties, salary, and 
tenure of office of such officer : 
(6.) In any other case the Local Government 
Board may prescribe the qualification and 
duties of a medical officer of health :* 
(c.) Subject to the said powers of the Local 
Government Board, the sanitary authority 
may make such payments as they think fit on 
account of the remuneration and expenses of 
such officer, and every such officer shall be 
removable by the sanitary authority at their 
pleasure : 
(dL) Every such inspector of nuisances shall be 

called a sanitary inspector.f 

(2.) The requirements of this Act with respect to 
the qualification of medical officer shall not apply 
to medical officers appointed before the first day of 
January one thousand eight hundred and ninety-two ; 
and this Act shall not prevent anv person who at the 
commencement of this Act is both a district medical 
officer of a union and a medical officer of health from 
continuing to hold those appointments in like manner 
as if this Act had not been passed. 

140. Term of office of existing members of Wool- 
wich board. Those members of the Woolwich Local 
Board whose term of office, if this Act had not been 

* But the salary and tenure of office of such a medical officer 
will remain at the discretion of the sanitary authority (see the 
next clause (c) of this sub-section section). 

t The Local Government Board has, under the Act, no 
powers with respect to a sanitary inspector except to prescribe 
the qualification of such an officer appointed after January 1st, 
1895. 



INTERPRETATION. 167 

passed, would have expired in the month of August 
in any year, shall go out of office on the fifteenth day 
of April in the same year.* 

Interpretation. 

141. Interpretation of terms. In this Act, unless 
the context otherwise requires, 

The expression " London " means the administrative 
county of London : 

The expression "County Council" means the London 
County Council : 

The expression " the Metropolitan Asylum Mana- 
gers " means the Managers of the Metropolitan 
Asylum District : 

The expression " street " includes any highway, and 
any public bridge, and any road', lane, footway, 
square, court, alley, or passage, whether a 
thoroughfare or not, and whether or not there 
are houses in such street : 

The expression " premises " includes messuages, 
buildings, lands, f easements, and hereditaments 
of any tenure, whether open or enclosed, 
whether built on or not, and whether public or 
private, and whether maintained or not under 
statutory authority : 

The expression " house "+ includes schools, also fac- 

* That is to say, at the same time as the members of local 
boards throughout the country retire from office under the 
Public Health Act, 1875, a large number of the provisions of 
which are now .extended to Woolwich by sec. 102, ante, and 
Schedule II., post, p. 

t Under sec. 3 of the Interpretation Act, 1889, 52 & 53 Viet, 
c. 63), " land " shall (unless the contrary intention appears) 
" include messuages, tenements, and hereditaments, houses and 
buildings of any tenure." 

I A church is not generally a house (Angell v. Paddington 
Vestry, L.B. 3 Q.B. 714), though it may be for the purposes of 
a bye-law with reference to a building line (The Corporation of 
Folkestone v. Woodward, L.B. 15 Eq. 159). On the other hand, 
a dissenting chapel has been held to be a house (Caiger v. the 
Vestry of St. Mary Islington, 50 L.J. M.C. 59). But even if 



168 THE PUBLIC HEALTH ACT, 1891. 

tories and other buildings in which persons are 
employed : 

The expression " building " and " house " respec- 
tively includes the curtilage of a building or 
house, and includes a building or house wholly 
or partly erected under statutory authority : 

The expression " bakehouse " means any place in 
which are baked bread, biscuits or confectionery, 
from the baking or selling of which a profit is 
derived : 

The expression " vessel " includes a boat and every 
description of vessel used in navigation : 

The expression " hospital " means any premises or 
vessels for the reception of the sick, whether 
permanently or temporarily applied for that 
purpose, and includes an asylum of the Metro- 
politan Asylum Managers : 

The expression " master " means in the case of a 
building or part of a building a person in occu- 
pation of or having the charge, management, or 
control of the building, or part of the building, 
and in the case of a house the whole of which 
is let out in separate tenements, or in the case of 
a lodging-house the whole of which is let to 
lodgers, includes the person receiving the rent 
payable by the tenants or lodgers either on his 
own account or as the agent of another person, 
and in the case of a vessel means the master 
or other person in charge thereof : 

The expression "house refuse" means ashes, cinders 
breeze, rubbish, night-soil, and filth, but does 
not include trade refuse : 

The expression " trade refuse " means the refuse of 
any trade, manufacture, or business, or of any 
building materials : 

the distinction taken in these cases should hold good for the pur- 
poses of the present Act, it would scarcely be of any practical 
importance, because there can be no doubt that a church is a 
"building," or that it is included in "premises"' as denned 
above. 



INTERPRETATION. 169 

The expression " street refuse " means dust, dirt, 
rubbish, mud, road-scrapings, ice, snow, and 
filth: .. 

The expression " owner" means the person for the 
' time being receiving the i-ack-reht of the 
premises in connection -with which the word is 
used, whether on his own account or as agent 
or trustee for any other person, or who would 
so receive the same if such premises were let 
at a rack-rent : 

Tne expression " rack-rent " means rent which is not 
less than two-thirds of the full annual value of 
the premises out of which the rent arises ; and 
the full annual value shall be taken to be the 
annual rent which a tenant might reasonably be 
expected, taking one year with another, to pay 
for the premises, if the tenant undertook to 
pay all usual tenant's rates and ta.xes, and tithe 
commutation rentcharge (if any), and if the 
landlord undertook to bear the cost of the 
repairs, and insurance, and the other expenses 
(if any) necessary to maintain the premises in a 
state to command such rent.* 

The expression " slaughterer of cattle or horses " 
means a person whose business it is to kill any 
description of cattle, or horses, asses, or mules, 
for the purpose of the flesh being used as 
butcher's meat ; and the expression " slaughter- 
house " means any building or place used for 
the purpose of such biisiness : 

The expression "knacker" means a person whose 
business it is to kill any horse, ass, mule, or 
cattle which is not killed for the purpose of the 
flesh being used as butcher's meat ; and the 
expression " knacker's yard " means any build- 

* It will ba seen that the effect of these two definitions of 
the words "owner" and "rack-rent" when taken together is 
to place the owner of the ground-rent entirely beyond the 
scope of the Act, and relieve him from any liability there- 
under as "owner" of any house, building, premises, etc. 



170 THE PTTBLIC HEALTH ACT, 1891. 

ing or place used for the purpose of such 
business : 

The expression " cattle " includes sheep, goats, and 
swine: 

The expression " source of water supply " means 
any stream, reservoir, aqueduct, pond, well, 
tank, cistern, pump, fountain, or other work or 
means for the supply of water, whether actually 
used or capable of being used for the supply of 
water or not : 

The expression " sanitary convenience " includes 
urinals, water-closets, earth-closets, privies, and 
any similar conveniences : 

The expression "day" means the period between 
six o'clock in the morning and the succeeding 
nine o'clock in the evening : 

The expression " ash-pit " means any ash-pit, dust- 
bin, ash-tub, or other receptacle for the deposit 
of ashes or refuse matter : 

The expression " cistern " includes a water-butt : 

The expression " dairy " includes any farm, farm- 
house, cow-shed, milk-store, milk-shop, or other 
place from which milk is supplied, or in which 
milk is kept for purposes of sale : 

The expression " dairyman " includes any cowkeeper, 
purveyor of milk, or occupier of a dairy. 



142. Repeal of enactments in schedule. (1.) The 
Acts specified in the Fourth Schedule to this Act* are 
hereby repealed to the extent specified in the third 
column of that schedule, and shall be so repealed as 
.from the date in that schedule mentioned, and where 
no date is mentioned as from the commencement of 
this Act ; 

(2.) Provided that 

(a.) where any enactment in the said schedule 

* Post p. 182, 



REPEAL. 171 

extends beyond London, such enactment shall 
not, unless otherwise expressed, be deemed to 
be hereby repealed, so far as it applies beyond 
London : 

(6.) all securities given under, and all orders, bye- 
laws, rules, regulations, and notices duly 
made or issued under or having effect in 
pursuance of any Act hereby repealed, shall 
be of the same validity and effect as if they 
had been given, made, or issued under this 
Act, and any penalties recoverable under any 
such order, bye-law, rule, regulation, or notice 
may be recovered as if they were imposed by 
bye-laws under this Act. 

(3.) Where the County Council or a sanitary authority 
are required by this Act to make bye-laws for any 
purpose for which there are no bye-laws of the council 
or authority in force at the commencement of this Act, 
the first bye-laws made by the County Council or sani- 
tary authority for that purpose under this Act shall 
be submitted to the Local Government Board for 
sanction not later than six months after the commence- 
ment of this Act.* 

(4.) Any enactment expressed in the Fourth Schedule 
to this Act to be repealed as from the coming into 
operation of any bye-law made for the like object 
shall, although no such bye-law is made, be repealed 
on the expiration of twelve months next after the 
commencement of this Act, or such later day, not 
exceeding eighteen months from such commencement, 
as may be fixed by Order in Council. t 

(5.) For the removal of doubts it is hereby declared 
that so much of the Public Health Act, 1875, as re- 
enacts sections fifty-one and fifty-two of the Sanitary 

* That is not later than July 1st, 1892. 

f That is January 1st, 1893, and July 1st, 1893, respectively. 



172 THE PUBLIC HEALTH ACT, 1891. 

Act, 1866, and sections thirty-four to thirty-six of the 
Public Health Act, 1872,* extends to London. 

(6.) Officers appointed under any enactment hereby 
repealed shall continue in office in like manner as if 
they were appointed in pursuance of this Act, subject 
nevertheless to the provisions of this Act, respecting 
existing officers. f 

(7.) Where in any enactment or in any order made 
by a Secretary of State or by the Local Government 
Board, and in force at the time of the passing of this 
Act, or in any document, any Act or any provisions of 
an Act are mentioned or referred to which relate to 
London and are repealed by this Act, such enactment, 
order, or document shall be read as if this Act or the 
corresponding provisions of this Act were therein 
mentioned or referred to instead of such repealed pro- 
visions, and as if a sanitary authority under this Act 
were substituted for any nuisance authority mentioned 
in such repealed provisions. 

143. Commencement of Act. This Act shall come 
into operation on the first day of January next after 
the passing thereof. 

144. Short title. This Act may be cited as the 
Public Health (London) Act, 1891. 

* The Public Health Act, 1875, is the 38 & 30 Viet. c. 55; the 
Sanitary Act, 1866, is the 29 & 30 Viet. c. 90 ; and the Public 
Health Act, 1872, is the 35 & 36 Viet. c. 79. 

I See ante, sec. 139. 



SCHEDULES. 



FIRST SCHEDULE. 

ENACTMENTS APPLIED. 
Section 33 of the Metropolis Water Act, 1871. 

33. Absence of proper water fittings in premises to be a nuisance. The 
absence in respect of any premises of the prescribed fittings after the pre- 
scribed time shall be a nuisance, within section 11 and sections 12-19 
(inclusive) of the Nuisances Removal Act for England, 1855, and within all 
provisions of the same or any other Act applying, amending, or otherwise 
relating to those sections ; and that nuisance, if in any case proved to exist, 
shall be presumed to be such as to render the premises unfit for human 
habitation within section 13 of the Nuisances Removal Act for England, 
1855, unless and until the contrary is shown to the satisfaction of the justices 
acting under that section. 

Sections 108 and 115 of the Public Health Act, 1875, relating to Nuisances 
out of the District. 

108. Power to proceed where cause of nuisance arises without district. 
Where a nuisance under this Act within the district of a local authority 
appears to be wholly or partially caused by some act or default committed or 
taking place without their district, the local authority may take or cause to 
be taken against any person in respect of such act or default any proceedings 
in relation to nuisances by this Act authorized, with the same incidents and 
consequences, as if such act or default were committed or took place wholly 
within their district ; so, however, that summary proceedings shall in no 
case be taken otherwise than before a court having jurisdiction in the 
district where the act or default is alleged to be committed or take place. 

This section shall extend to the Metropolis so far as to authorize proceed- 
ings to be taken under it by any nuisance authority |iu the Metropolis in 
respect of any nuisance within the area of their jurisdiction caused by an 
act or default committed or taking place within the district of a local 
authority under this Act ; or by any such local authority in respect of any 
nuisance within then- district caused by an act or default committed or 
taking place within the jurisdiction of any such nuisance authority. 

115. -Power to proceed ichere nuisance arises from offensive trade carried on 
wit/tout dittrict. Where any house, building, manufactory, or place which is 
certified in pursuance of the last preceding section to be a nuisance or 
injurious to the health of any of the inhabitants of the district of an urban 
authority is situated without such district, such urban authority may take 
or cause to be taken any proceedings by that section authorized in respect of 
the matters alleged in the certificate, with the same incidents and con- 



174 SCHEDULES. 

sequences, as if the house, building, manufactory, or place were situated 
within such district ; so, however, that summary proceedings shall not in 
any case be had otherwise than before a court having jurisdiction in the 
district where the house, building, manufactory, or place is situated. 

This section shall extend to the Metropolis so far as to authorize proceed- 
ings to be taken xinder it by any nuisance authority in the Metropolis in 
respect of any house, building, manufactory, or place which is certified as 
aforesaid to be a nuisance or injurious to the health of any of the inabitants 
within the area of their jurisdiction, and is situated within the district of a 
local authority under this Act ; or by any urban authority in respect of any 
house, building, manufactory, or place which is certified as aforesaid to be a 
nuisance or injurious to the health of any of the inhabitants of their district, 
and is situated within the jurisdiction of any such nuisance authority. 

Sections 130, 134, 135, and 140 of the Public Health Act, 1875, and section '2 of 
the Public Health Act, 1889, relating to regulations and orders of the Local 
Government Board with, respect to cholera, or other epidemic, endemic, or 
infectious diseases. 

130. Power of Local Government Board to make regulations. The Local 
Government Board may from time to time make, alter, and revoke such regula- 
tions as to the said board may seem fit, with a view to the treatment of persons 
affected with cholera, or any other epidemic, endemic, or infectious disease, 
and preventing the spread of cholera and such other diseases as well on the 
seas, rivers, and waters of the United Kingdom, and on the high seas within 
three miles of the coasts thereof, as on land ; and may declare by what 
authority or authoiities such regulations shall be enforced and executed. 
Regulations so made shall be published in the London Gazette, and such 
publication shall be for all purposes conclusive evidence of such regulations. 
Any person wilfully neglecting or refusing to obey or carry out or obstruct- 
ing the execution of any regulation made under this section shall be liable 
to a penalty not exceeding fifty pounds. 

2. Explanation, of poteen of Local Government Board to make regulations. 
(1.) Regulations of the Local Government Board made in relation to cholera 
and choleraic diarrhoea in pursuance of section one hundred and thirty of 
the Public Health Act, 1875, may provide for such regulations being enforced 
and executed by the officers of Customs as well as by other authorities and 
officers, and without prejudice to the generality of the powers conferred by 
the said section may provide for the detention of vessels and of persons on 
board vessels, and for the duties to be performed by pilots, masters of vessels, 
and other persons on board vessels ; 

(2.) Provided that the regulations, so far as they apply to the officers of 
Customs, shall be subject to the consent of the Commissioners of Her 
Majesty's Customs ; 

(3.) The officers of Customs, for the purpose of the execution of any powers 
and duties under the said regulations, may exercise any powers conferred 
on such officers by any other Act. 

134. Power of Local Government Board to make regulation* for prevention 
of diseases. Whenever any part of England appears to be threatened with 
or is affected by any formidable epidemic, endemic, or infectious disease, 
the Local Government Board may make and from time to time alter and 
revoke regulations for all or any of the following purposes ; (namely), 
(1.) For the speedy interment of the dead ; and 
(2.) For house to house visitation. 

(3.) For the provision of medical aid and accommodation, for the pro- 
motion of cleansing, ventilation, and disinfection, and for guarding 
against the spread of disease ; 

and may by order declare all or any of the regulations so made to be in force 
within the whole or any part or parts of the district of any local authority, 
and to apply to any vessels, whether on inland waters or on arms or parts of 
the sea within the jurisdiction of the Lord High Admiral of the United 



SCHEDULES. 175 

Kingdom or the commissioners for executing tbe office of the Lord High 
Admiral for the time being, for the period in such order mentioned ; and 
may by any subsequent order abridge or extend such period. 

135. Publication of reyutationg and orders. All regulations and orders so 
made by the Local Government Board shall be published in the London 
Gazette, and such publication shall be conclusive evidence thereof for all 
purposes. 

140. Penalty for violating or obstructing the execution of regulations. Any 
person who 

(1.) Wilfully violates any regulation so issued by the Local Government 

Board as aforesaid ; or, 
(2.) Wilfully obstructs any person acting under the authority or in the 

execution of any such regulation, 
shall be liable to a penalty not exceeding five pounds. 

Sections 182-186 of the Public Health Act, 1875, relating to bye-laws. 
182. Authentication and alttration of bye-lams. AH bye-laws made by a 
local authority under and for the purposes of this Act shall be under their 
common seal ; and any such bye-law may be altered or repealed by a sub- 
sequent bye-law made pursuant to the provisions of this Act : Provided that 
no bye-law made under this Act by a local authority shall be of any effect if 
repugnant to the laws of England or to the provisions of this Act. 

183. Power to impose penalties on breach of bye-laws. Any local authority 
may, by any bye-laws made by them under this Act, impose on offenders 
against the same such reasonable penalties as they think fit, not exceeding 
the sum of five pounds for each offence, and in the case of a continuing 
offence a further penalty not exceeding forty shillings for each day after 
written notice of the offence from the local authority ; but all such bye-laws 
imposing any penalty sh ill be so framed as to allow of the recovery of any 
sum less than the full amount of the penalty. 

184. Confirmation of bye-laws. Bye-laws made by a local authority under 
this Act shall not take effect unless and until they have been submitted to, 
and confirmed by, the Local Government Board, which Board is hereby em- 
powered to allow or disallow the same as it may think proper ; nor shall any 
such bye-laws be confirmed 

Unless notice of intention to apply for confirmation of the same has been 
given in one or more of the local newspapers circulated within the 
district to which such bye-laws relate, one month at least before the 
making of such application ; and 

Unless for one month at least before any such application a copy of the 
proposed bye-laws has been kept at the office of the local authority, 
and has been open during office hours thereat to the inspection of the 
ratepayers of the district to which such bye-laws relate, without fee 
or reward. 

The clerk of the local authority shall, on the application of any such 
ratepayer, furnish him with a copy of such proposed bye-laws or any 
part thereof, on payment of sixpence for every hundred words contained in 
such copy. 

A bye-law required to be confirmed by the Local Government Board 
shall not require confirmation, allowance, or approval by any other 
authority. 

186. Bye-laws to be printed, <Ssc. All bye-laws made by a local authority 
under this Act, or for purposes the same as, or similar to, thooe of this Act 
under any local Act, shall be printed and hung up in the office of such 
authority ; and a copy thereof shall be delivered to any ratepayer of the dis- 
trict to which such bye-laws relate, on his application for the same. 

186. Evidence of bye-la ir.t. A copy of any bye-laws made under this Act by 
a local authority, signed and certified by the clerk of such authority to be a 
true copy and to have been duly confirmed, shall be evidence, until the con- 
trary is proved, in all legal proceedings of the due making, confirmation, and 
existence of such bye-laws without further or other proof. 



176 SCHEDULES. 

Sections 293-296 of the Public Health Act, 1875, relating to Inquiries of the Local 
Government Board. 

293. Power of Board to direct inquiries. The Local Government Board may 
from time to time cause to be made such inquiries as are directed by this 
Act, and such inquiries as they see fit in relation to any matters concerning 
the public health in any place, or any matters with respect to which their 
sanction, approval, or consent is required by this Act. 

294. Orders as to costs of inquiries. The Local Government Board may 
make orders as to the costs of inquiries or proceedings instituted by, or of 
appeals to, the said Board under this Act, and as to the parties by whom or 
the rates out of which such costs shall be borne ; and every such order may 
be made a rule of one of the superior courts of law on the application of any 
person named therein. 

295. Orders of Board under this Act. All orders made by the Local Govern- 
ment Board in pursuance of this Act shall be binding and conclusive in re- 
spect of the matters to which they refer, and shall be published in such 
manner as that Board may direct. 

296. Powers of inspectors of Local Government Board. Inspectors of the 
Local Government Board shall, for the purposes of any inquiry directed by 
the Board, have in relation to witnesses and their examination, the produc- 
tion of papers and accounts, and the inspection of places and matters 
required to be inspected, similar powers to those which poor law inspectors 
have under the Acts relating to the relief of the poor for the purposes of 
those Acts. 

Sections 211 and 212 of the Metropolis Management Act, 1855, relatiny to 
Appeals to London County Council. 

211. Power to appeal against orders and acts of vestries and district boards 
in relation to construction of works. Any person who deems himself aggrieved 
by any order of any vestry or district board in relation to the level of any 
buildin?, or any order or act of any vestry or district board in relation to the 
construction, repair, alteration, stopping or filling up, or demolition of any 

building, sewer, drain , may, within seven 

days after notice of any such order to the occupier of the premises affected 
thereby, or after such act, appeal to the county council against the same ; 
and all such appeals shall stand referred to the committee appointed by such 
council for hearing appeals as herein provided ; and such committee shall 
hear and determine all such appeals, and may order any costs of such appeals 
to be paid to or by the vestry or district board by or to the party appealing, 
and may, where they see fit, award any compensation in respect of any act 
done by any such vestry or district board in relation to the matters aforesaid ; 
provided that no such compensation shall bo awarded in respect of any such 
act which may have been done under any of the provisions of this Act on any 
default to comply with any such order as aforesaid, unless the appeal be 
lodged within seven days after notice of such order has been given to the 
occupier of the premises to which the same relates. 

212. County Council to appoint a committee for hearing appeals. Tlie County 
Council shall appoint a committee for the purpose of hearing all such appeals 
as may be made to the said council as aforesaid, which committee shall have 
power to hear and decide all such appeals, and the County Council shall from 
time to time fill up any vacancy in such committee, and the chairman of the 
said council shall, by virtue of his office of chairman, be a member of the said 
committee in addition to the members appointed by the said council, and 
shall preside at all meetings of such committee at which he is present ; and 
in case of a vacancy in the office of such chairman, or, in his absence, some 
other member of the committee shall be chosen to preside ; and all the 
powers of such committee may be exercised by any three of them ; and any 
member of such committee may at any time resign his office. 



SECOND SCHEDULE. 

PROVISIONS OF PUBLIC HEALTH ACTS EXTENDING 
TO WOOLWICH. 



Subject Mutter. 



38 & 39 Viet. c. 55 : 

Section four . 

Sections fire to eight, ten, and twelve- 
Sections thirteen to thirty-four . 

Section forty-one, so far as it relates to 
a drain. 

Sections fifty-one to sixty-one, sixty- 
three, and sixty-five. 

Sections one hundred and forty-four to 
one hundred and forty-eight. 

Sections one hundred and forty-nine to 
one hundred and fifty-five, and one 
hundred and fifty- seven to one hun- 
dred and sixty. 

Sections one hundred and sixty-one to 
one hundred and sixty-three. 

Sections one hundred and sixty-four 
and one hundred and sixty-five. 

Sections one hundred and sixty-six to 
one hundred and sixty-eight. 

Section one hundred and sevonty-two . 



Sections one hundred and seventy- three 
and one hundied and seventy-four. 

Sections one hundred and seventy-five 
to one hundred and seventy-eight. 

Sections one hundred and seventy nine 
to one hundred and eighty-one. 

Sections one hundred and eighty-two 
to one hundred and eighty-six, and 
one hundred and eighty-eight. 

Sections one hundred and eighty-nine 
and one hundred and ninety-two to 
one hundred and ninety-six. 



Definitions. 

Authorities for execution of 

Act. 

Sewerage and drainage. 
Examination, and enforcement 

of law, as to drain. 
Water supply. 

Highways. 

Streets and buildings. 



Lighting streets. 



Public pleasure grounds find 
clocks. 



Licensing of, and bye-laws for, 
horses, boats, &c., let for 
hire 

Contracts. 

Purchase of land. 

Arbitration. 

Bye-laws. 

Officers. 



178 



SCHEDULES. 



Enactments. 



Subject Matter. 



Sections one hundred and ninety-seven, 
ono hundred and ninety-nine, two 
hundied.aud two hundred and three 
to two hundred aud six. 

Sections two hundred and seven and 
two hundred and nine to two hundred 
and twenty-seven. 

Sections two hundred and thirty-three 
to two hundred and forty-three. 

Sections two hundred and forty -five, 
two hundred and forty -seven, two 
hundred and forty-nine, and two 
hundred and fifty. 

Sections two hundred and fifty-one, 
two hundred and fifty-three, two 
hundred and fifty-four, and tw hun- 
dred and fifty-six to two hundred 
and sixty-nine. 

Section two hundred and eighty-five . 

Sections two hundred and ninety -three 
to three hundred and four. 

Sections three hundred and five to 
three hundred and eleven, and three 
hundred and thirteen to three hun- 
dred and seventeen. 

Sections three hundred and twenty- 
seven to three hundred and thirty- 
seven, and three hundred and thirty- 
nine to three hundred and forty- 
one. 

The Schedules, so far as they arc applic- 
able. 

45 & 46 Viet, c 23 



46 & 47 Viet. c. 37 

47 & 48 Viet. c. 12 
47 & 48 Viet. c. 74 
4S <fc 49 Viet. c. 

61 & 52 Viet. c. 52 
63 & 54 Viet. c. 17 



Mode of conducting business. 

Expenses and rates. 

Bon-owing. 

Audit. 

Legal proceedings. 



Works outside district. 
Powers of Local Government 

Board. 
Miscellaneous. 



Saving Clauses. 



Bye-laws for fruit-pickors'- 
lodgings. 

Support of Sewers. 
Confirmation of bye-laws. 
Officers. 

Members and Officers of local 
authority. 

Buildings in streets. 
Rating of Orchard 



SCHEDULES. 



179 



THIRD SCHEDULE. 



FORMS. 
FORM A. 

Form of Notice requiriiii/ Almlanent of Nuisance. 

To [iterson caun!,!'! the nultance, ot- owner or occupier of the premises at which 
the nuisance ixists, as the case may be]. 

Take notice that under the provisions of the Public Health (London) Act, 
1891, the [descrilie the sanitary authority}, being satisfied of the existence at 
[describe premise* -where the nuisance exists] of a nuisance being [describe the 
,, '':>,iii<-e,for instance, premises in such a state as to be a nuisance or injurious 
i >i- diugerous to liealth, or for further i.istunfi.', a ditch or drain so foul as to 
be a nuisance or injurious or dangerous to health], do hereby require you 
within ['imify the time] from the service of this notice to abate the same [and 
to execute .such works and do such things as may be necessary for that pur- 

J)ose, or and for that purpose to Kjn-fi/y an;/ icorks to be executed], [and the said 
authority] do hereby require you within the said period to do what is neces- 
sary for 'preventing the recurrence of the nuisance, and for that purpose 
to, Ac.] 

H'here the nuisance has been abated, but is likely to recur, say, being satisfied 
that at Jr. there existed recently, to wit, on or about the 
day of the following nuisance, namely [describe nuisance], and 

that although the said nuisance has since the last-mentioned day been abated, 
the same is likely to recur at the said premises, do hereby require you within 
| ./((' /'</ time], to do what is necessary for preventing the recurrence of the 
nuisance [and for that purpose to, <Cr.] 

If you make default in complying with the requisitions of this notice [or if 
the said nuisance, though abated, is likely to recur], a summons wUl be 
issued requiring your attendance before a petty sessional court, to answer a 
complaint which will l>e made for the purpose of enforcing the abatement of 
the nuisance, or prohibiting the recurrence thereof, or both, and for recover- 
ing the costs and penalties that may be incurred thereby. 
Dated this day of 18 . 

Signature of officer ) 
<//"'., <i'(i'i/ authoriti/ } 



FORSI B. 

7'"<v,.c nf Suniiiions. 



To A.B., of [or to the owner or occupier of] [describe premises] 

Htuated [insert such description of the situation as may be sufficient to identify 
the premises], 

County of, &c., i Yor arc required to appear before [describe the petty 

to wit. / sessional court], at the court [or petty sessions] holden 

at on the day of next 

at the hour of in the noon, to answer the complaint this 

N 2 



180 SCHEDULES, 

day made to me by that at the 

above mentioned [or at certain premises situated at No. in 

street, in the parish of or insert any other such description or 

reference ag may be sufficient to identify the premises], in the district of [describe 
the sanitary authority], the following nuisance exists [describe the nuisance 
and add, where the. person causing the nuisance is summoned, and that the said 
nuisance is caused by the act, default, or sufferance of you, A.B.]. 

Where the nuisance is discontinued, but is likely to be repeated, my, to answer 
the complaint etc. that at dr. there existed recently, to wit, on or about 
the day of , the 

following nuisance [describe the nuisance, and add, where the person causing the 
nuisance is summoned, and that the said nuisance was caused, <tc.], and 
although the said nuisance has since the said last-mentioned day been abated 
or discontinued, that the same or the like nuisance is likely to recur at the 
said premises. 

Given under my hand and seal this day of 18 . 

J.S. (L.S.) 

FORM C. 
Form of Nuisance Order. 

To A.S., of [or to the owner or occupier of] [describe 

premises] situated [insert such description of the situation as may be sufficient to 
identify the premises]. 

County of, &c. \ WHEREAS the said A.B. [or the owner or occupier of the 
to wit / said premises within the meaning of the Public Health 

(London) Act, 1891] has this day appeared before me [or us, describing the 
court], to answer the matter of a complaint made by Ac. that at Ac. [follow 
the words of complaint in summons] [or in case the party charged do not appear, 
say, Whereas it has been now proved to my (or our) satisfaction that a sum- 
mons has been duly served according to the Public Health (London) Act, 
1891, requiring the said A.B. [or the owner or occupier of the said premises] 
to appear this day before me [or .us] to answer the matter of a complaint 
made by <tr. that at etc.] : 

[Any of tlie following orders may be made or a combination of any of them as 
the case seems to require.] 

Abatement Order. Now on proof here had before me [or us] that the nui- 
sance so complained of does exist at the said premises [add, where the order is 
made on the person causing the nuisance, and that the same is caused by the 
act, default, or sufferance of A.B.], I [or we], in pursuance of the Public 
Health (London) Act, 1891, do order the said A.B. [or the said owner or 
occupier] within [specify the time] from the service of this order according to 
the said Act [here specify the nuisance to be abated, as, for instance, to prevent 
the premises being a nuisance or injurious or dangerous to health, or, for 
further instance, to prevent the ditch or drain being a nuisance or injurious 
or dangerous to health] [and state any works to be executed, as, for Instance, to 
whitewash and disinfect the premises, or, for further instance, to clean out 
the ditch]. 

Prohibition Order, No. 1. And I [or we] being satisfied that, notwithstand- 
ing the said nuisance may be temporarily abated under this order, the same 
is likely to recur, do therefore prohibit the said A.B. [or the said owner o;- 
occupier] from allowing the recurrence of the said or a like nuisance [and for 
that purpose I or we direct the said A.B. or the said owner or occupier, here 
specify any works to be executed, at, for instance, to fill up the ditch]. 

Prohibition Order, So. 2. Now, on proof here had before me [or us] that at 
or recently before the time of making the said complaint, to wit, on 

the nviisance so complained of did exist 

at the said premises, but that the same has since been abated [add, where the 
order is wade on the person causing the nuisance, and that the nuisance was 
caused by the act, default, or sufferance of A.B.], yet, notwithstanding such 



SCHEDULES. 181 

abatement, I [or we] being satisfied that it is likely that the same or the like 
nuisance will recur at the said premises, do therefore prohibit [continue as in 
Prohibition Order, No. 1]. 

Closing Order. Now, on proof here had before me [or us] that the nuisance 
is such as to render the dwelling-house [describe the house] situated at [insert 
such o description of the situation as may be sufficient to identify the dwelling- 
house] unfit in my [or our] judgment for human habitation, I [or we], in pur. 
.suance of the Public Health (London) Act, 1891, do hereby prohibit the use of 
the said dwelling-house for human habitation. 

Given under the hand and seal of me [or the hands and seals of us, 
describing the court]. 

This day of 18 . 

J.S. (L.S. 

J.P. (L.S. 



FORM D. 

form of Nuisance Order to be executed by Sanitary Authority. 

To the , [describe the sanitary authority]. 

COU to y wit. &C '' | ^HEHEAS a complaint has been made by 
that at certain premises situated at No. in street, in 

the parish of [or insert any other description or reference as 

may be sufficient to Identify the premises] in the district of 
[describe the sanitary authority] the following- nuisance exists [describe the 
nuisance]. 

And it has been now proved to my [or our] satisfaction that such nuisance 
exists, but that no owner or occupier of the premises, or person by whose 
act, default, or sufferanca the nuisance is caused, is known or can be found 
[at the case may be] ; Now I [or we] in pursuance of the Public Health 
(LI melon) Act, 18'Ji, do [continue as in any of the orders in Form C, with the 
siibitu ution of the name of the sanitary a uthority for that of A.B. or the owner 
or occupier]. 

Given, cCr. (as in last form). 



Warrant of Justice for Entry to Premises. 

WIIKREAS .4./?.,bcinga person authorized under the Public Health(London) 
Act, 1891, to enter certain premises [describe the premises], has made appli- 
cation tome, C.D., one of Her Majesty's justices of the peace having juris- 
diction in and for [describe the place], to authorize the said A.Ji. to enter the 
said premises, and whereas I, C.D., am satisfied by information on oath that 
there is reasonable ground for such entry, and that there has been a refusal 
or failure to admit to such premises, and either that reasonable notice of the 
intention to apply to a justice for a warrant lias been given, or that the giving 
of notice of the intention to apply to a justice for a warrant would defeat the 
object of the entry. 

[Or am satisfied by information on oath that there is reasonable cause to 
believe that there is on the said premises a contravention of the Public 
Health (London) Act, 1891, or of a bye-law made under that Act, and that an 
application for admission or notice of an application for a warrant would 
defeat the object of the entry.] 

Now, therefore, I, the said C'.D. , do hereby authorize the said A.B. to enter 
the said premises, and if need be by force, with such assistants as he may 
require, and there execute his duties under the said Act, 
Qiyen, d-c, (as in last form). 



SCHEDULES. 



FOURTH SCHEDULE, 

ENACTMENTS REPEALED. 



Title or Short Title. 



Extent of Repeal. 



An Act for regulating houses 
and other places kept for 
the purpose of slaughter- 
ing horses. 

An Act for better paving, 
improving, and regulating 
the streets of the Metro- 
polis, and removing and 
preventing nuisances and 
obstructions therein. 



Aii Act for further improv- 
ing the police in and near 
the Metropolis. 



An Act to amend the law for 
regulating places kept for 
slaughtering horses. 

An Act to abate the nuisance 
arising from the smoke of 
furnaces in the Metropolis, 
and from steam vessel 
above London Bridge. 



The whole Act. 



Section fifty -seven so far as it 
relates to a cesspool ; sec- 
tions fifty-nine to sixty- 
one ; section sixty- three ; 
section sixty-four, from " or 
shall throw" to "either of 
such pavements " as from 
the coming into operation 
of any bye-law made for the 
like object ; sections sixty- 
seven and sixty-eight ; and 
sections seventy-three and 
seventy-four, as from the 
coming into operation of 
any bye-law made for the 
like object. 

Section sixty, from "or cause 
any offensive matter " to 
" so as to be a common 
nuisance," as from the com- 
ing into operation of any 
bye-law made for the like 
object ; and from "every 
occupier of a house " to 
"reference to this enact- 
ment." 

The whole Act. 



The whole Act as res] 
places without as 
within London. 



SCHEDULES. 



183 



Session and 
Chapter. 



Title or Short Title. 



Extent of Repeal. 



IS <t 19 Viet, 
c. 120. 



The Diseases Prevention Act, 
1855. 

The Metropolis Management 
Act, 18o5. 



IS & 1'j Viet, 
c. 121. 



19 & 20 Viet. 
c. 107. 



3 & 24 Viet. 
C. 77. 



Tlie Nuisances Removal Act 
for England, 1855. 

An Act to amend the Smoke 
Nuisance Abatement (Me- 
tropolis) Act, 1853. 



The whole Act. 



Section eighty-one ; sections 
eighty-two to eighty-five, 
except so far as they relate 
to a drain or sewer, or any 
work or apparatus con- 
nected therewith; section 
eighty-six down to " de- 
frayed under this Act "; 
sections eighty-eight, one 
hundred and three, and 
one hundred and four ; sec- 
tion one hundred and six- 
teen from ' ' and also to 
cause " to the end of the 
section ; sections one hun- 
dred and seventeen, and 
one hundred and twenty- 
five ; section one hundred 
and twenty-six, as from 
the coming into operation 
of any bye-law made for the 
like object ; sections rn-3 
hundred and twenty-seven 
to one hundred and twenty- 
nine, one hundred and 
thirty-two, one hundred 
and thirty-three, and one 
hundred and thirty-four ; 
section one hundred and 
ninety-eight from " and to 
every such report" to " for 
their parish or district"-, 
section two hundred and 
two from " for the empty- 
ing" to "disposing of re- 
fuse" as from the coming 
into operation of any bye- 
law made for the like 
object ; and section two 
hundred and eleven BO far 
as regards any watercloset, 
privy, ash-pit, or cesspool. 

The whole Act. 



The whole Act as reports all 
placx-s without a.-i well as 
within London. 



An Act to amend the Acts The whole Act. 
for the removal of nui- 
sances and the prevention j 
tirmof di-. 



SCHEDULES. 



Title or Short Title. 



Extent of Repeal. 



The Metropolis Management 
Amendment Act, 1S62. 



The Nuisances Removal Act 
for England (Amendment) 
Act, 1863. 

The Nuisances Removal (No. 
1) Act, 1866. 

The Sanitary Act, 1SG6. 
The Sanitary Act, 18(58 . 
The Sanitary Loans Act, 1S69 
The Sanitary Act, 1870 . 
The Public Health Act, 1872 

The Slaughterhouses, &c., 
(Metropolis) Act, 1874. 

The Sanitarv Law Amend- 
ment Act,"l^74. 

The Public Health Act, ls7.J 



The Contagious Diseases 
(Animals) Act, 1878. 



Sections forty - three and 
sixty-two ; in section sixty- 
four the words " eighty- 
first," and the words " and 
eighty - sixth " ; sections 
sixty - seven, seventy, 
eighty - nine, ninety-one, 
ninety-three, ninety-four, 
and ninety-five ; and sec- 
tion one hundred and five, 
from "and all penalties" 
to " 1855." 

The whole Act. 



The whole Act. 



The whole Act, except section 
forty-one. 

The whole Act. 



The whole Act. 
The whole Act. 
The whole Act. 
The whole Act. 



The whole Act, except so 
much of sections forty-six 
and forty-nine as relates to 
common lodgiog-houses. 

Section one hundred and 
eight from " In this sec- 
tion " to the end of the 
section ; section one hun- 
dred and fifteen from "In 
tnis section " to the end of 
the section. 

Section two hundred and 
ninety-one, as respects the 
whole of the Port of Lon- 
don. 

Section thirty -four. 



SCHEDULES. 



185 



Title or Short Title. 



Extent of Repeal. 



The Poor Law Act, 1879 



The Local Government 
Board's Provisional Orders 
Confirmation (Amersham 
Union, &c.) Act, 1880. 

The Diseases Prevention 
(Metropolis) Act, 1883. 

The Factory and Workshop 
Act, 1883. 



The Metropolitan Asylum 
Board (Borrowing Powers) 
Act, 18S4. 

The Housing of the Working 
Classes Act, 1885. 



The Contagious Diseases 
(Animals) Act, 1S86. 

The Local Government Act, 



The Poor Law Act, 18S9 



The Public Health Act, 1SS9 



The Infectious Disease 
(Notification) Act, 1889. 



Sections fifteen and sixteen. 



The whole Act. 



Section seventeen, down to 
"for the district," being 
the first two sub-sections. 

The whole Act. 



Section seven ; and section 
nine from "This section 
shall upply" to "sanitary 
authority," being sub-sec- 
tion (6). 

Section nine. 



Section forty-five ; and sec- 
tion eighty-eight, from 
"Section one hundred and 
ninety -one" to the end of 
the section, being sub-sec- 
tion (c). 

Section three, down to " com- 
mon poor fund," being sub- 
sections (1), (2), and (3); 
and sections six and seven. 

Section one, from " and as 
regards " to the end of the 
section ; and in section two 
the words "or of section 
fifty-two of the Sanitary 
Act, 1866." 

Section two, from " to every 
London" down to "Act 
and " being sub-section (a) ; 
sections ten and twelve ; 
section sixteen, from " the 
Commissioners of Sewers " 
down to " Act, 1S87," being 
sub-sections (a) and (6) ; 
and from "The expression 
1 London district'" down to 
"local authority is elected." 



186 



SCHEDULES. 



Session and 
Chapter. 


Title or Short Title. 


Extent of Repeal. 


53 & 54 Viet. 
c. 34. 


The Infectious Disease (Pre- 
vention) Act, 1890. 


Section two, from "Local 
authority" to the end of 






the section ; section three, 






from " to every London 






district" to "this Act; 






and " ; and section five, 






down to " London district, 






and ". 


53 & 54 Viet. 


The London Council (General 


Sections twenty - two and 


c. ccxliii. 


Powers) Act, 1890. 


twenty-four. 



INDEX. 



ABATEMENT ORDER PAGE 

In respect of nuisance 39,41,43 

Fine for non-compliance with 42 

Enforcement of 42 

Proceedings in High Court for 47 

Appeal against 4 

Of nuisance from smoke 61 

ACT - 

Extent of 151 

Commencement of .~ 172 

AMBULANCES 
See HOSPITALS. 

ANIMAL 

If kept so as to be a nuisance 86 

Court of summary jurisdiction may prohibit keeping if in unfit place 52 

APPEAL 

Against nuisance order 42 

To Quarter Sessions against conviction under the Act 158 

Procedure on 43,158 

From sanitary authority to county council in respect of water- 
closets ... 77,81 

In respect to the construction, &c. of drains 86 

BAKEHOUSES 

Provisions with respect to 04-68 

BYE-LAWS 

By sanitary authority and county council as to cleansing streets 

and prevention of nuisances 49 

To be made by county council with respect to offensive trades ... 53 

In respect to dairies 67 

As to water-closets, &c. 77 

As to the cleansing of cisterns 93 

As to removal of patients to hospitals 109 

As to tents and vans 129 

How made and by whom 148 

CITY OF LOXDON 

Application of Act to City 161 

CLOSING ORDER 

May prohibit dwelling-house being used for habitation 42 

Fine for non-compliance with 42 

Enforcement of "... ... 42 

Appeal against 42 

CONVEYANCES (PUBLIC) 

Infected persons not to be carried in 

Disinfection of, if used for carrying corpses 

COSTS 

Of execution of provisions relating to nuisances 45 

How to be recovered 4<i 

COUNTY COUNCIL 

To make bye-laws as to cleansing streets, &c 40 

Powers of, in respect to offensive trades 52-53 

To license cow-houses and slaughter-houses 55 

May proceed against sanitary authority in respect of house and 

street refuse . 58 



188 INDEX. 

COUNTY COUNCIL (continued) PAGE 

Powers of, in respect to dairies ... 67 

Powers of, to make bye-laws as to water-closets, &c 77 

Appeal to, from sanitary authority in respect of water-closets 77, 81 

Appeal to, in respect of construction, &c. of drains 84 

May extend list of infectious diseases requiring notification ... 102 

Power of, in regard to providing places for holding inquests and 

mortuary for unidentified bodies 125 

Power to prosecute in default of sanitary authority 130 

Proceedings on complaint by the Local Government Board, of de- 
fault of sanitary authority 137 



COW-HOUS 

Licensing of 55 

Fine for keeping unlicensed 55 

DAIRIES 

Orders and regulations for 66 

Powers of county council in respect to 67 

Axithority in respect to, in City of London 03 

Inspection of, and power to prohibit supply of milk from 112 

ENTRY 

Power of, by sanitary authority 45 

In what cases 45 

Medical officer or sanitary inspector may enter, to inspect animals 

or articles intended for food 88 

General provisions as to 149 

EPIDEMIC DISEASE 

Sanitary authority to execute epidemic regulations 120 

Poor law medical officers entitled to costs of attendance on board 

vessels 120 

Local Government Board may combine sanitary authorities ... 121 

Metropolitan Asylum Managers a sanitary authority in respect to 121 

Powertolethospitilsfor, &c 122 

Repayment to sanitary authority of certain expenses 122 

EXPENSES 

Of execution of Act 139 

Of Metropolitan Asylums Board 140 

Power of vestries and district boards to borrow 140 

Summary proceedings for recovery of 152 

Recovery of, from owner or occupier 155 

FACTORY 

When a nuisance 37 

FACTORY INSPECTOR 

Notice to be given to, of child, young person or woman employed 

in workshop 00 

FINE 

In respect of non-abatement of nuisance 40 

For non-compliance with nuisance order 42 

When order unsuccessfully appealed against 43 

For injuring closets so as to cause nuisance 48 

For keeping same in unfit place 51 

For offences in connection with offensive trades 54 

For keeping unlicensed cow-house or slaughter-house 55 

In respect of offensive trade 57 

In respect of non-consumption of smoke 60-62 

For not limewashing, &c. workshop ^ ... 63 

In respect of non-removal of refuse 71, 73, 74 

In respect to non-pro vision, &c. of water-closets ... 75, 76, 81, 82 

In re.-pect to public saoitary conveniences 86 

In respect to other conveniences 87 

For exposure for sale, Ac. of unsound food 90 

For offences connected with water-supply, &c 92,95,96 



INDEX. 189 



FINE (..-)/;;-,,,/) PAG*! 

For not notifying infectious disease 99 

For offences in connection with prevention of infectious disease 106, llrt 

Penalty on obstructing execution of the Act 151 

Summary proceedings for recovering fines 152 

FOOD (UNSOUND) 

Infection and destruction of unsound meat, <fec. F8 

Punishment of offences in connection with sale, <fec. of 90 

FOUNTAINS (PUBLIC) 

Vested in sanitary authority 04 

Sanitary authority may maintain 94 

GAS-WASHINGS 

Penalty for allowing water to be corrupted by 95 

HOSPITALS (AND AMBULANCES) 

Power of sanitary authority to provide llt> 

Recovery of costs of maintenance of non-infectious patient in ... 117 

Power to provide temporary supply of medicine 117 

Provision of conveyance for infected persons 117 

Metropolitan Asylum Board may provide landing-places, ambu- 
lance, &c 118 

Reception of non-pauper fever and small-pox patients into Metro- 
politan district hospitals 118 

Reception in such hospitals of children from schools outside 

London 119 

HOUSE 

When overcrowded a nuisance 36 

When without water-fittings a nuisance 37 

For overcrowding, fine for 40 

When closing order may be made 42 

Provisions as to letting infected 107-108 

INFECTIOUS DISEASES 

Notification of 97 

What arc infectious diseases 100 

Sanitary authority may extend list of 101 

County council have similar power... ... ... ... ... ... 102 

Application of special provisions to certain diseases 103 

Provision of means for disinfecting bedding 104 

Cleansing and disinfecting of premises, &c 104 

Disinfection of bedding, Ate. 106 

Infectious rubbish thrown into ash-pits to be disinfected 107 

Penalty for letting houses in which infected persons have lodged... 107 

Penalty on persons letting houses making false statements as to... 108 

Penalty on ceasing to occupy house without disinfection, &c. ... 108 

Removal to hospitals of infected persons 109 

Detention of infected person in hospital 110 

Penalty on exposure of infected person 110 

Prohibition on infected person carrying on business Ill 

Prohibition of conveyance of infected person in public convey- 
ance 113 

Inspection of dairies and power to prohibit supply of milk 112 

Prohibition of retention of dead bodies in certain cases 113 

Body of person dying of infectious disease in hospital to be re- 
moved for burial 113 

Disinfection of public conveyances if used for carrying corpses ... 116 

INQUESTS (PLACE FOR HOLDING) 

To be provided by county council 125 

INTERPRETATION CLAUSE 107 

POST-MORTEM EXAMINATION 

Place for, to be provided by sanitary authority 124 

LODGINGS 

As to letting when infected 107, 108 

Power of sanitary authority to make bye-laws as to 127 



190 INDEX. 

MEDICAL OFFICER OF HEALTH PAGE 

Duty of , in regard to notification of disease 99 

Non-disqualification of, by receipt of fees 103 

Duties of, in respect to cleansing and disinfecting premises ... 104 

, in respect to inspection of dairies 112 

May permit retention of dead body 115 

Appointment of 141 

Provisions as to 143, 165 

MORTUARIES 

Power of sanitary authority to provide 123 

Power of justice to order removal of body to 123 

For unidentified bodies 125 

NOTICE 

Requiring abatement of nuisance 38 

To whom to be given 38,39 

Procedure when notice not complied with . 40 

Provisions as to authentication and service of 159 

NUISANCES 

What nuisances may be abated summarily : ... 36 

Information of, to be given to sanitary authority ... 38 

Notice requiring abatement of ... .. ... ... ... ... 38 

Procedure for abatement of 3S-39 

When sanitary authority may abate 39 

Orders, abatement, prohibition, or closing 41 

Nuisance order, appeal against 42 

Cost of execution of provisions relating to 45 

Individuals may complain of, to justices 46 

Procedure thereupon 47 



Procedure in High Court for abatement of 

Power to proceed when cause of nuisance arises without district .. 

Prevention of, in streets 

Procedure against, when arising from offensive trade... 



a 

4s 

a 

56 

From non-consumption of smoke 61,62 

Proceedings in certain cases against nuisances 153 

NUISANCE ORDER 

Abatement order 41 

Prohibition order 41 

Closing order 41 

Fine for non-compliance with 42 

Enforcement of nuisance order 42 

Appeal against 42 

Nuisance order may be addressed to sanitary authority 44 

OCCUPIER 

Notice of nuisance to be given to 38 

No longer required to cleanse footways 69 

Not to pay for removal of house refuse 71 

Must pay for removal of trade refuse 72 

OFFENSIVE TRADES 

Certain trades not to be established anew 52 

Or without sanction of county council 52 

Procedure with respect to 53,54 

County council to make bye-laws in respect to 53 

OVERCROWDING 

Of house, a nuisance ... ... ... ... ... ... 36 

Procedure in respect of 39 

Fine in respect of 4 

On two convictions for, a house may be closed 44 

OWNER 

When notice of nuisance to be given to e, 

Liability of , in respect to removal of trade refuse 72 

PORT OF LONDON 

Sanitary authority for 

Powers of 147 



INDEX. 191 

Pi; ...mi;mox ORDER PAGE 

In respect of nuisance 41 

Fine fur non-compliance with 42 

Enforcement of 42 

Pruuc COXVKSII 

Power of sanitary authority to provide 84 

And to make bye-Laws and regulations relating thereto 86 

QUARTER SESSIONS 

Appeal to against nuisance order 42 

Appeal to generally, against convictions under Act 158 

RKFI'SE (REMOVAL OF) 

Duty of sanitary authority to clean streets '<?> 

Removal of house refuse 61) 

Sanitary authority to appoint scavengers 71 

Disposal of refuM 71 

Occupiers or owners to pay for rein jval of tr.i'le 72 

Provision on neglect of scavengers to remove dust 72 

Removal of filth on requisition of sanitary inspector 73 

Removal of refuse from stables, coach-housts, &c 73 

SANITARY AUTHORITY- 
TO inspect districts for detection of nuisances 35 

Information of nuisances to be givcu to 38 

Procedure by, for abatement of nuisance 38 

When sanitary authority may abate iiuis nice 39 

Enforcement of nuisance order by 42 

Nuisance order may be addressed to 44 

May sell manure, &c 44 

Power of entry by 45 

May proceed where Cause of nuisance arises outside district ... 48 

To make bye-laws as to cleansing streets, &c. 49 

Powers of, as to offensive trades ; 53,54 

As to cow-houses and sLaughter-houses 56 

Must complain to justice of nuisance from offensive trades 56 

Procedure on such complaint 57 

County council may proceed against, in respect of non-removal of 

house and btreet refuse 58 

Duty of, in respect to removal of refuse OS-74 

Duty of, in respect to provision of water-closets 75-81 

To cause offensive ditches, drains, &c., to be cleansed or covered... 82 

May provide public conveniences 84 

May make bye-Laws and regulations relating thereto 86 

Duties of, in regard to water 91-96 

Power of , as to public fountains 93 

May close polluted wells 96 

May extend list of infectious diseases requiring notification ... 101 

Duties and powers of, in regard to prevention of infectious 

diseases ... 104-116 

to provision of hospitals, ambulances, &c 116, 117 

to prevention of epidemic diseases 120-122 

to provision of mortuaries. &c 123-125 

to making bye-laws as to houses let in lodgings 127 

as to tents and vans 129 

as to occupation of underground rooms as dwellings ... 133 

What bodies are sanitary authorities for London 134 

May borrow for certain purposes 140 

To appoint medical officers and sanitary inspectors 141, 142 

Appearance of , in legal proceedings 156 

Protection of members and officers of 157 

AXITARY CONVENIENCES 

Provision in factories and workshops 77 

When used in common 87 

Fine for allowing to become a nuisance ... 87 



192 INDEX, 

SANITARY INSPECTORS I>AOE 

Appointment of ,, .., itl 142 

Provisions as to 143 

Temporary arrangement for duties for 140 

Provisions as to existing 165 

SCAVENGERS 

To be appointed by sanitary authority 71 

Provision on neglect of , to remove dust 72 

SLAUGHTER-HOUSE 

Licensing of 55 

Fine for keeping unlicensed 55 

How licence of, may be forfeited 90 

SMOKE CONSUMPTION 

Furnaces and steam vessels to consume their own smoke 59 

Summary proceedings for abatement .'of nuisance from non-con- 
sumption of smoke 01 

STREETS 

Sanitary authority and county council to make bye-laws for 

cleansing and preventing nuisances in 49 

Proceedings in respect to street refuse 58 

SWINE 

Penalty for keeping in unfit place 51 

TEXTS AND VANS 

When a. nuisance and liable to be dealt with under Act 123 

Sanitary authority to make and enforce bye-laws as to 12!' 

UNDERGROUND ROOMS 

Provisions as to occupation of, as dwellings 130 

Enforcement of such pi ovisions 133 

Provision in case of two convictions for unlawful occupation of ... 134 

WATER 

Provisions as to house without proper water-supply 91 

Notice must be given to sanitary authority when water-supply cut 

off 92 

Cleansing of cisterns for 9U 

Penalty for causing water to be corrupted by gas-washings 9f> 

Penalty for fouling 9(3 

Power of sanitary authority to close polluted wells 9(i 

WATER-CLOS ETS 

When a nuisance, may be dealt with summarily 36 

Penalty for injuring, so to cause nuisance 48 

Obligation to provide " 75 

Fine for non-provision of 70 

Appeal in respect to, to county council 70, 81 

Bye-laws as to 77 

Sanitary authority may order examination of 78 

Penalty on persons improperly making or altering 70 

Improper construction or repair of 82 

WATER-FITTINGS 

Absence of, a nuisance 37 

renders house unfit for habitation 40 

Fine for absence of 40 

WOOLWICH 

Application of Public Health Acts to Woolwich 138 

Term of office of existing members of local board 100 

WORKSHOPS 

Limewashing and washing of 62 

Procedure in respect to 63 

Fine for non-compliance with order as to limewashing, &c. ... 03 



Woodfall & Kinder, Printers, 70 to 70, Long Acre, London, W.C. 



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iiiiliiiiiiii 

A 000019941 4